THE INDIAN FOREST ACT, 1927 
_____ 

ARRANGEMENT OF SECTIONS 
______ 

CHAPTER I 

PRELIMINARY 

CHAPTER II 

OF RESERVED FORESTS 

SECTIONS 

1. Short title and extent. 

2. Interpretation clause. 

3. Power to reserve forests. 

4. Notification by State Government. 

5. Bar of accrual of forest-rights. 

6. Proclamation by Forest Settlement-officer. 

7. Inquiry by Forest Settlement-officer. 

8. Powers of Forest Settlement-officer. 

9. Extinction of rights. 

10. Treatment of claims relating to practice of shifting cultivation. 

11. Power to acquire land over which right is claimed. 

12. Order on claims to rights of pasture or to forest-produce. 

13. Record to be made by Forest Settlement-officer. 

14. Record where he admits claim. 

15. Exercise of rights admitted. 

16. Commutation of rights. 

17. Appeal from order passed under section 11, section 12, section 15 or section 16. 

18. Appeal under section 17. 

19. Pleaders. 

20. Notification declaring forest reserved. 

21. Publication of translation of such notification in neighbourhood of forest. 

22. Power to revise arrangement made under section 15 or section 18. 

23. No right acquired over reserved forest, except as here provided. 

24. Rights not to be alienated without sanction. 

25. Power to stop ways and water-courses in reserved forests. 

26. Acts prohibited in such forests. 

27. Power to declare forest no longer reserved. 

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SECTIONS 

28. Formation of village-forests. 

CHAPTER III 

OF VILLAGE-FORESTS 

CHAPTER IV 

OF PROTECTED FORESTS 

29. Protected forests. 

30. Power to issue notification reserving trees, etc. 

31. Publication of translation of such notification in neighbourhood. 

32. Power to make rules for protected forests. 

33. Penalties for acts in contravention of notification under section 30 or of rules under section 32. 

34. Nothing in this Chapter to prohibit acts done in certain cases. 

CHAPTER V 

OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT 

35. Protection of forests for special purposes. 

36. Power to assume management of forests. 

37. Expropriation of forests in certain cases. 

38. Protection of forests at request of owners. 

CHAPTER VI 

OFTHE DUTY ON TIMBER AND OTHER FOREST-PRODUCE 

39. Power to impose duty on timber and other forest-produce. 

40. Limit not to apply to purchase-money or royalty. 

CHAPTER VII 

OFTHE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT 

41. Power to make rules to regulate transit of forest-produce. 

41A. Powers of Central Government as to movements of timber across customs frontiers. 

42. Penalty for breach of rules made under section 41. 

43. Governments and Forest-officers not liable for damage to forest-produce at depot. 

44. All persons bound to aid in case of accident at depot. 

CHAPTER VIII 

OF THE COLLECTION OF DRIFT AND STRANDED TIMBER 

45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may 

be collected accordingly. 

46. Notice to claimants of drift-timber. 

47. Procedure on claim preferred to such timber. 

48. Disposal of unclaimed timber. 

49. Government and its officers not liable for damage to such timber. 

50. Payments to be made by claimant before timber is delivered to him. 

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SECTIONS 

51. Power to make rules and prescribe penalties. 

CHAPTER IX 

PENALTIES AND PROCEDURE 

52. Seizure of property liable to confiscation. 

53. Power to release property seized under section 52. 

54. Procedure thereupon. 

55. Forest-produce, tools, etc., when liable to confiscation. 

56. Disposal, on conclusion of trial for forest-offence, of produce in respect of which it was 

committed. 

57. Procedure when offender not known, or cannot be found. 

58. Procedure as to perishable property seized under section 52.  

59. Appeal from orders under section .55, section 56 or section 57. 

60. Property when to vest in Government. 

61. Saving of power to release property seized. 

62. Punishment for wrongful seizure. 

63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-marks. 

64. Power to arrest without warrant. 

65. Power to release on a bond a person arrested. 

66. Power to prevent commission of offence. 

67. Power to try offences summarily. 

68. Power to compound offences. 

69. Presumption that forest-produce belongs to Government. 

CHAPTER X  

CATTLE-TRESPASS 

70. Cattle-trespass Act, 1871, to apply. 

71. Power to alter fines fixed under that Act.  

CHAPTER XI  

OF FOREST-OFFICERS 

72. State Government may invest Forest-officers with certain powers. 

73. Forest-officers deemed public servants. 

74. Indemnity for acts done in good faith. 

75. Forest-officers not to trade. 

76. Additional powers to make rules. 

CHAPTER XII 

SUBSIDIARY RULES 

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SECTIONS 

77. Penalties for breach of rules. 

78. Rules when to have force of law. 

CHAPTER XIII  

MISCELLANEOUS 

79. Persons bound to assist Forest-officers and police-officers. 

80. Management of forests the joint property of Government and other persons. 

81. Failure to perform service for which a share in produce of Government forest is enjoyed. 

82. Recovery of money due to Government. 

83. Lien on forest-produce for such money. 

84. Land required under this Act to be deemed to be needed for a public purpose under the 

Land Acquisition Act, 1894. 

85. Recovery of penalties due under bond.  

85A. Saving for rights of Central Government. 

86. [Repealed.]. 

THE SCHEDULE—[Repealed.].

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THE INDIAN FOREST ACT, 1927  
ACT NO. 16 OF 19271 

An  Act  to  consolidate  the  law  relating  to  forests,  the  transit  of  forest-produce  and  the  duty 

leviable on timber and other forest-produce. 
WHEREAS it is expedient to consolidate the law relating to forests, the transit of forest-produce and 

[21st September, 1927.] 

the duty leviable on timber and other forest-produce; 

It is hereby enacted as follows:—  

CHAPTER I 

PRELIMINARY 

1. Short title and extent.—(1) This Act may be called the Indian Forest Act, 1927. 
2 [(2)  It  extends  to  the  whole  of  India  except  the  territories  which,  immediately  before  the  1st 

November, 1956, were comprised in Part B States. 

(3) It applies to the territories which, immediately before the 1st November, 1956, were comprised in 
the  States  of  Bihar,  Bombay,  Coorg,  Delhi,  Madhya  Pradesh,  Orissa,  Punjab,  Uttar  Pradesh  and  West 
Bengal; but the Government of any State may by notification in the Official Gazette bring this Act into 
force3 in  the  whole  or  any  specified  part  of  that  State  to  which  this  Act  extends  and  where  it  is  not  in 
force.] 

Maharashtra 

STATE AMENDMENT 

Amendment of section 1 of Act XVI of 1927.—In section 1 of the Indian Forest Act, 1927 (XVI of 
1927), in its  application  to  the  whole  of  the  State  of Maharashtra  as  provided  by  section  2 (hereinafter 
referred to as “the principal Act”),-- 

(i)  to  sub-section  (2),  after  the  words  and  letter  “Part  B  States”,  the  words  “other  than  the 

Hyderabad area of the State of Maharashtra” shall be added; 

(ii) to sub-section  (3), the following  proviso shall be added, namely:-- 

1. This Act has been amended in its application to:—  

(1) Madhya Pradesh by Madhya Pradesh Acts 26 of 1950 and 20 of 1954 ; 
(2) Uttar Pradesh by U.P. Acts 18 of 1951, 5 of 1956, 21 of 1960, 11 of 1973 and 13 of 1976 ; 
(3) Orissa by Orissa Act 25 of 1952, 11 of 1954, 27 of 1959 and 14 of 1972 ; 
(4) West Bengal by Bengal Act 11 of 1945, s. 63, West Bengal Acts 14 of 1948 and 14 of 1975 ; 
(5) East Punjab by East Punjab Act 7 of 1948 ; 
(6) Haryana by Haryana Acts 12 of 1973 and 31 of 1973 ; 
(7) Maharashtra by Maharasthra Acts 6 of 1961 and 27 of 1968 ; 
(8) Gujarat by Gujarat Act 14 of 1973 ; and 
(9) Certain parts of Mysore by Mysore Act 10 of 1958: 
2. Subs. by the A.O. (No. 3) 1956, for sub-sections (2) and (3).    
3. This Act has been declared to be in force in the Khondmals District by the Khondmals laws regulations, 1936 (4 of 1936), s. 3 and the 
Schedule.; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), and the Schedule. This Act has been extended in 
its application to:—  

(1) Berar (partially) by the Berar Laws Act, 1941 (4 of 1941); 
(2) The Province of Coorg, see Coorg Gazette, 1930, Pt. I, p. 94; 
(3) The Delhi Province see Gazette of India, 1933, Pt. II-A, p. 293; 
(4) The whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified); 
(5) Dadra and Nagar Haveli (w.e.t. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule; 
(6) Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and the First Schedule; 
(7) Goa, Darman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965); and 
(8) the whole of the Union territory of Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and the Schedule. The Act has 

been repealed in its application to Bellary District by Mysore Act 14 of 1955. 

(9) Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the 

Fifth Schedule (31-10-2019). 

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 “Provided  that,  on  the  commencement  of  the  Indian  Forest  (Maharashtra  Unification  and 
Amendment) Act, 1960 (Mah. VI of 1961), this Act shall be in force in the Hyderabad area of the 
State of Maharashtra.” 

[Vide Maharashtra Act VI of 1961, s. 3] 

2.  Interpretation  clause.—In  this  Act,  unless  there  is  anything  repugnant  in  the  subject  or                 

context, — 

(1)  “cattle”  includes  elephants,  camels,  buffaloes,  horses,  mares,  geldings,  ponies,  colts,  fillies, 

mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids; 

(2)  “Forest-officer”  means  any  person  whom  1 ***  the  2 [State  Government]  or  any  officer 
empowered by 4*** the 5[State Government] in this behalf, may appoint to carry out all or any of the 
purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by 
a Forest-officer; 

(3)  “forest-offence”  means  an  offence  punishable  under  this  Act  or  under  any  rule  made 

thereunder; 

(4) “forest-produce” includes—  

(a) the following whether found in, or brought from, a forest or not, that is to say:—  

timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua 
flowers, mahua seeds 3[, kuth] and myrabolams, and 

(b) the following when found in, or brought from, a forest, that is to say:—  

(i)  trees  and  leaves,  flowers  and  fruits,  and  all  other  parts  or  produce  not  hereinbefore 

mentioned, of trees, 

(ii)  plants  not  being  trees  (including  grass,  creepers,  reeds  and  moss),  and  all  parts  or 

produce of such plants, 

(iii)  wild  animals  and skins,  tusks,  horns,  bones,  silk,  cocoons,  honey  and  wax, and  all 

other parts or produce of animals, and 

(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and 

all products of mines or quarries); 

4[(4A) “owner” includes a Court of Wards in respect of property under the superintendence or charge 

of such Court;] 

(5) “river” includes any stream, canal, creek or other channels, natural or artificial; 

(6) “timber” includes trees when they have fallen or have been felled, and all wood whether cut up or 

fashioned or hollowed out for any purpose or not; and 

(7) “tree” includes palms, 5***, stumps, brush-wood and canes. 

Jammu and Kashmir and Ladakh (UTs).— 

(i) Section 2.–for clause (1), the following clauses shall be substituted, namely:– 

STATE AMENDMENT 

(1) “authorised officer” means an officer authorized under sub-section (2) of section 52; 

(1A) “cattle” include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, 

mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids; 

1. The words “the G.G. in C. or” rep. by the A.O. 1937. 
2. Subs. by the A.O. 1950, for “Provincial Government”. 
3. Ins. by Act 26 of 1930, s. 2. 
4. Ins. by Act 3 of 1933, s. 2. 
5. The word “bamboos” omitted by Act 5 of 2018, s. 2 (w.e.f 23-11-2017). 

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(1B) “forest  based industry” means an industry or unit in which any forest produce is used as 

raw material or as a source of energy. 

(ii) for clause (4), the following clause shall be substituted, namely:– 

(4) “forest-produce” includes— 

(a)  timber,  charcoal,  caoutchouc,  catechu,  wood-oil,  resin,  natural  varnish,  bark,  lac,  kuth, 
myrobalans,  dioscorea,  firewood,  humus,  rasaunt,  morels  (Morchella  spp),  Aconitum  spp, 
Podophyllum  spp,  Picrorhizaspp,  Trillium  spp,  Nardostachys  spp,  Taxus  spp,  Valerianassp, 
Rheum  spp,  wild  animals,  skins,  tusks,  horns,  bones  and  all  other  parts  or  produce  of  wild 
animals whether found in, or brought from, a forest or not; and  

(b) the following when found in, or brought from, a forest, namely:––  

(i) trees and  leaves,  flowers  and  fruits, roots  and  all other  parts  or  produce  of trees not 

specified in clause (a);  

(ii)  plants  not  being  trees  (including  grass,  bamboos,  creepers,  reeds  and  moss  and 

lichen), and all parts or produce of such plants; 

(iii) silk, cocoons, honey and wax; and  

(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and 

all products of mines or quarries). 

(iii) after clause (5), insert the following clause, namely:- 

(5A)  “saw  mill”  means  any  plant  and  machinery  with  which  and  the  premises  (including  the 
precincts thereof) in which or in any part of which sawing is carried on with the aid of electrical or 
mechanical power. 

(iv) after clause (6), insert the following clause, namely:- 

(6A) “transporter” includes a person, a private agency, a Government Department, Corporation or 
any other agency engaged in transport of forest produce whether on his own or on behalf of any other 
person; 

(v) after clause (7), insert the following clause; 

(8)  “wild animal” shall have the same meaning as assigned to it in the Wild Life (Protection) Act, 

1972. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Tripura.— 

Amendment of section 2. —In section 2 of the principal Act,— 

(a)  In clause (4)—  

(i)  in  sub-clause  (a),  for  the  words  “and  myrobolams”,  the  words  “myrobolams,  gum,                   

sal  seeds,  sal  leaves,  kendu  leaves,  wild  animals,  skins,  tusks,  horns  and  bones,  and  all  other 
parts of produce of wild animals” shall be substituted ;  

(ii)  in  sub-clause  (b),  in  item  (iii),  the  words  “Wild  animals  and  skins  tusks,  horns  and 

bones” and the words “and all other parts or produce of animals” shall be omitted; 

 (b) after clause (7), the following clause shall be inserted namely:––   

“(8) wild animals shall have same meaning as defined in the Wild Life (Protection) Act, 1972.] 

[Vide the Tripura Act 10 of 1984, s. 3] 

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Uttar Pradesh 

Amendment  of  section  2  of  Act  no.  XVI  of  1927.—In  section  2  of  the  Indian  Forest  Act,  1927, 
hereinafter  referred  to  as  the  principal  Act,  for  clause  (1)  the  following  clause  shall  be  substituted, 
namely:— 

"(1) "authorised officer" means an officer authorised under sub-section (1) of section 52-A; 

 (1-A) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, 

mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;" 

[Vide Uttar Pradesh Act 1 of 2001, s. 2] 

Uttarakhand 

Amendment  of  section  2  of  Act  no.  XVI  of  1927.—In  section  2  of  Indian  Forest  Act,  1927, 

hereinafter referred to as the principal Act, the following clause shall be inserted, namely:- 

2-A. “authorised officer” means an officer authorised under sub-section (1) of section 52-A. 

[Vide Uttaranchal Act 10 of 2002, s. 2] 

Maharashtra 

Amendment of section 2 of Act XVI of 1927.—In section 2 of the Indian Forest Act, 1927, in sub-
clause  (4),  after  the  words  “tamborni  leaves”  the  words  “rosha  grass,  rauwolfia  serpentine”  shall  be 
inserted. 

[Vide Bombay Act XVII of 1956, s. 2] 

Amendment  of  section  2  of  Act  XVI  of  1927.—In  section  2  of  the  Indian  Forest  Act,  1927 
(hereinafter referred to as “the said Act”), in sub-clause (a) of clause (4), after the word “kuth” the words 
“, apta and temburni leaves” shall be inserted. 

[Vide Bombay Act XXIV of 1955, s. 2] 

Amendment  of  section  2 of  Act  XVI  of  1927.—In section 2 of the Indian Forest Act, 1927, in its 
application  to  the  State  of  Maharashtra,  in  sub-clause  (a)  of  clause  (4),  for  the  words  “,  rosha  grans, 
rauwolfia serpentine” the words “rosha grass including oil derived therefrom, ranwolfia serpentine” shall 
be substituted. 

[Vide Maharashtra Act XXVII of 1968, s. 2] 

Amendment of section 2 of  Act XVI of 1927.—In section 2 of the principal act, after clause (4A), 

the following clauses shall be inserted, namely:-- 

“(4B) “Police Officer” means a Police Officer defined in the Bombay Police Act, 1951; 

 (4C) ‘Revenue Officer’ means a Revenue Officer as defined in the Bombay Land Revenue Code, 

1879, or where that Code is not in force, as defined in a law corresponding to that Code; 

[Vide Maharashtra Act VI of 1961, s. 4] 

Insertion  of  new  section  2A  in  Act  XVI  of  1927.—After  section  2  of  the  principal  Act,  the 

following section shall be inserted, namely:-- 

“2A. Construction of certain references to Central or Bombay Acts.-In the application of this 
Act to any area of the State of Maharashtra other than the Bombay area thereof, any reference to a 
provision of a Central or Bombay Act shall, where no such Act is in force in that area, be construed as 
a reference to the provision of the corresponding law, if any, in force in that area.” 

[Vide Maharashtra Act VI of 1961, s. 5] 

Maharashtra 

Amendment  of  section  2 of  Act  XVI  of  1927.—In section 2 of the Indian Forest Act, 1927, in its 
application to the State of Maharashtra (hereinafter referred to as “the principal Act”), of In clause (4C), 

8 

for the words and figures "the Bombay Land Revenue Code, 1879 (Bom. V of 1879), or, where that Code 
is not in force, as defined in a law corresponding to that Code;" the words and figures "the Maharashtra 
Land Revenue Code, 1966 (Mah. XLI of 1966)" shall be substituted. 

[Vide Maharashtra Act VII of 1985, s. 2] 

CHAPTER II 

OF RESERVED FORESTS 

3. Power to reserve forests.—The 1[State Government] may constitute any forest-land or waste-land 
which  is  the  property  of  Government,  or  over  which  the  Government  has  proprietary  rights,  or  to  the 
whole  or  any  part  of  the  forest-produce  of  which  the  Government  is  entitled,  a  reserved  forest  in  the 
manner hereinafter provided. 

STATE AMENDMENT 

Uttar Pradesh 
Substitution of new section for section 3 of Act XVI of 1927.—For section 3 of the Indian Forest Act, 
1927 (hereinafter called the principal Act), the following shall be substituted namely- 

“Powers to reserve forests.—The State Government may constitute any forest land or any other 
land (not being land for the time being comprised in any holding or in any village abadi) which is the 
property of Government or over which the Government has proprietary rights, or to the whole or any 
part  of  the  forest  produce  of  which  the  Government  is  entitled,  a  reserve  forest  in  the  manner 
hereinafter provided. 

Explanation- The expression 'holding' shall have the meaning  assigned to it in the U.P. Tenancy 
Act, 1939, and the expression 'village abadi' shall have the meaning assigned to it in the U.P. Village 
Abadi Act, 1947." 

[Vide Uttar Pradesh Act, XXIII of 1965, s. 2] 

4. Notification by 1[State Government].—(1) Whenever it has been decided to constitute any land a 

reserved forest, the 1[State Government] shall issue a notification in the 2[Official Gazette]—  

(a) declaring that it has been decided to constitute such land a reserved forest; 

(b) specifying, as nearly as possible, the situation and limits of such land; and 

(c)  appointing  an  officer  (hereinafter  called  “the  Forest  Settlement-officer”)  to  inquire  into  and 
determine the existence, nature and extent of any rights alleged to exist in favour of any person in or 
over  any  land  comprised  within  such  limits,  or  in  or  over  any  forest-produce,  and  to  deal  with  the 
same as provided in this Chapter. 

Explanation.—For the purpose of clause (b), it shall be sufficient to describe the limits of the forest 

by roads, rivers, ridges or other well-known or readily intelligible boundaries. 

(2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding 

any forest-office except that of Forest Settlement-officer. 

(3)  Nothing  in  this  section  shall  prevent  the  1[State  Government]  from  appointing  any  number  of 
officers  not  exceeding  three,  not  more  than  one  of  whom  shall  be  a  person  holding  any  forest-office 
except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act. 

5. Bar of accrual of forest-rights.—After the issue of a notification under section 4, no right shall be 
acquired  in  or  over  the  land  comprised  in  such  notification,  except  by  succession  or  under  a  grant  or 
contract in writing made or entered into by or on behalf of the Government or some person in whom such 
right was vested when the notification was issued; and no fresh clearings for cultivation or for any other 
purpose shall be made in such land except in accordance with such rules as may be made by the  1[State 
Government] in this behalf. 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by the A.O. 1937, for “Local Official Gazette”. 

9 

 
                                                      
STATE AMENDMENT 

Uttar Pradesh 
Substitution of new   section for section 5.—For section 5 of the principal Act, the following shall be 
substituted, namely- 

“5. Bar of accrual of  forest rights.—After the issue of a notification under section 4, no right shall 
be  acquired in or over the land comprised in such notification, except by succession or under a grant or 
contract in writing made or entered into by or on behalf of the Government or some person in whom such 
right was vested when the  notification was issued; and no fresh clearings for cultivation or for any other 
purpose  shall  be  made  in  such  land  nor  any  tree  therein  felled,  girdled, lopped,  tapped,  or  burnt,  or  its 
bark  or  leaves tripped off, or  the  same  otherwise  damaged,  nor  any  forest-produce  removed  therefrom, 
except in accordance with such rules as may be made by the State Government in this behalf." 

[Vide Uttar Pradesh Act XXVIII of 1965, s. 3] 

6.  Proclamation  by  Forest  Settlement-officer.—When  a  notification  has  been  issued  under                  

section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village in 
the neighbourhood of the land comprised therein, a proclamation—  

(a) specifying, as nearly as possible, the situation and limits of the proposed forest; 

(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of 

such forest; and 

(c) fixing a period of not less than three months from the date of such proclamation, and requiring 
every  person  claiming  any  right  mentioned  in  section  4  or  section  5  within  such  period  either  to 
present to the Forest Settlement-officer a written notice specifying or to appear before him and state, 
the  nature  of  such  right  and  the  amount  and  particulars  of  the  compensation  (if  any)  claimed  in 
respect thereof. 

7. Inquiry by Forest Settlement-officer.—The Forest Settlement-officer shall take down in writing 
all  statements  made  under  section  6,  and  shall  at  some  convenient  place  inquire  into  all  claims  duly 
preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not 
claimed under section 6 so far as the same may be ascertainable from the records of Government and the 
evidence of any persons likely to be acquainted with the same. 

8.  Powers  of  Forest  Settlement-officer.—For  the  purpose  of  such  inquiry,  the  Forest  Settlement-

officer may exercise the following powers, that is to say:—  

(a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, 

and to survey, demarcate and make a map of the same; and 

(b) the powers of a Civil Court in the trial of suits. 

9. Extinction of rights.—Rights in respect of which no claim has been preferred under section 6 and 
of  the  existence  of  which  no  knowledge  has  been  acquired  by  inquiry  under  section  7,  shall  be 
extinguished,  unless,  before  the  notification  under  section  20  is  published,  the  person  claiming  them 
satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the 
period fixed under section 6. 

10.  Treatment  of  claims  relating  to  practice  of  shifting  cultivation.—(1)  In  the  case  of  a claim 
relating to the practice of shifting cultivation, the Forest Settlement-officer shall record a statement setting 
forth  the  particulars  of  the  claim  and  of  any  local  rule  or  order  under  which  the  practice  is  allowed  or 
regulated, and submit the statement to the State Government, together with his opinion as to whether the 
practice should be permitted or prohibited wholly or in part. 

(2) On receipt of the statement and opinion, the 1[State Government] may make an order permitting or 

prohibiting the practice wholly or in part. 

(3) If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its 

exercise—  

10 

(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of 

a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or 

(b)  by  causing  certain  portions  of  the  land  under  settlement  to  be  separately  demarcated,  and 
giving permission to the claimants to practice shifting cultivation therein under such conditions as he 
may prescribe. 

(4)  All  arrangements  made  under  sub-section  (3)  shall  be  subject  to  the  previous  sanction  of  the 

1[State Government]. 

(5)  The  practice  of  shifting  cultivation  shall  in  all  cases  be  deemed  a  privilege  subject  to  control, 

restriction and abolition by the 1[State Government]. 

11. Power to acquire land over which right is claimed.—(1) In the case of a claim to a right in or 
over any land, other than a right-of-way or right of pasture, or a right to forest-produce or a watercourse, 
the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part. 

(2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either—  

(i) exclude such land from the limits of the proposed forest; or 

(ii) come to an agreement with the owner thereof for the surrender of his rights; or 

(iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894(1 of 

1894). 

(3) For the purpose of so acquiring such land—  

(a)  the  Forest  Settlement-officer  shall  be  deemed  to  be  a  Collector  proceeding  under  the  Land 

Acquisition Act, 1894 (1 of 1894). 

(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance 

of a notice given under section 9 of that Act; 

(c) the provisions of the preceding sections of that Act shall be deemed to have been complied 

with; and 

(d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties, 

may award compensation in land, or partly in land and partly in money. 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of section  11.—In section 11 of the principal Act, after sub-section (3), the following 

new sub-section shall be added, namely- 

  “(4) The provisions of sub-section (3) shall apply also when the Forest Settlement Officer proceeds 

to acquire any land in consequence of any order, passed on appeal or revision under this Act.” 

[Vide Uttar Pradesh Act XXIII of 1965, s. 4] 

12. Order on claims to rights of pasture or to forest produce.—In the case of a claim to rights of 
pasture or to forest-produce, the Forest Settlement-officer shall pass an order admitting or rejecting the 
same in whole or in part. 

Maharashtra 

STATE AMENDMENT 

Amendment of section 12 of Act XVI of 1927.—Section 12 shall be renumbered as sub-section (1) 
of  that  section,  and  after  the  sub-section  so  renumbered,  the  following  sub-section  shall  be  inserted, 
namely :- 

1. Subs. by the A.O. 1950, for “Provincial Government”. 

11 

                                                      
“(2) A copy of the order passed under sub-section (1) shall be furnished to the claimant by the 
Forest Settlement Officer, and another copy of that order shall be forwarded to the Forest Officer who 
attended the inquiry, or if no such Officer attended, to the Divisional Forest Officer.”. 

[Vide Maharashtra Act VI of 1961, s. 6] 

13. Record to be made by Forest Settlement-officer.—The Forest Settlement-officer, when passing 

any order under section 12, shall record, so far as may be practicable,—  

(a) the name, father’s name, caste, residence and occupation of the person claiming the right; and 

(b) the designation, position and area of all fields or groups of fields (if any), and the designation 

and position of all buildings (if any) in respect of which the exercise of such rights is claimed. 

14. Record where he admits claim.—If the Forest Settlement-officer admits in whole or in part any 
claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the 
number and description of the cattle which the claimant is from time to time entitled to graze in the forest, 
the season during which such pasture is permitted, the quantity of timber and other forest-produce which 
he is from time to time authorised to take or receive, and such other particulars at; the case may require. 
He  shall  also  record  whether  the  timber  or  other  forest-produce  obtained  by  the  exercise  of  the  rights 
claimed may be sold or bartered. 

15. Exercise of rights admitted.—(1) After making such record the Forest Settlement-officer shall, 
to the  best of his  ability,  and  having  due  regard to the  maintenance  of the  reserved  forest  in  respect  of 
which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted. 

(2) For this purpose the Forest Settlement-officer may—  

(a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for 
the  purposes  of  such  claimants,  and  record  an  order  conferring  upon  them  a  right  of  pasture  or  to 
forest-produce (as the case may be) to the extent so admitted; or 

(b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a 

locality reasonably convenient, for the purposes of the claimants; or 

(c) record  an  order,  continuing  to  such claimants  a right  of  pasture  or to  forest-produce,  as the 
case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest, 
and under such rules, as may be made in this behalf by the 1[State Government]. 

16.  Commutation  of  rights.—In case the Forest Settlement-officer finds it impossible, having due 
regard to the maintenance of the reserved forest, to make such settlement under section 15 as shall ensure 
the continued exercise of the  said rights to the extent so admitted, he shall, subject to such rules as the 
1[State Government] may make in this behalf, commute such rights, by the payment to such persons of a 
sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit. 

17. Appeal from order passed under section 11, section 12, section 15 or section 16.—Any person 
who  has  made  a  claim  under  this  Act,  or  any  Forest-officer  or  other  person  generally  or  specially 
empowered  by  the  1[State  Government]  in  this  behalf,  may,  within  three  months  from  the  date  of  the 
order passed on such claim by the Forest Settlement-officer under section 11, section 12, section 15 or 
section  16,  present  an  appeal  from  such  order  to  such  officer  of  the  Revenue  Department,  of  rank  not 
lower than that of a Collector, as the  1[State Government] may, by notification in the 2[Official Gazette], 
appoint to hear appeals from such orders: 

Provided  that  the  1[State  Government]  may  establish  a  Court  (hereinafter  called  the  Forest  Court) 
composed of three persons to be appointed by the State Government, and, when the Forest Court has been 
so established, all such appeals shall be presented to it. 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by the A.O. 1937, for “Local Official Gazette”. 

12 

 
 
 
                                                      
Uttar Pradesh 

STATE AMENDMENT 

Substitution of new section for section 17.—For section 17 of the principal Act, the following shall 

be substituted, namely— 

“Appeal  from  order  passed  under  section  11,  section  12,  section  15  or  section  16.—Any 
person  who  has  made  a  claim  under  this  Act,  or  any  Forest  Officer  or  other  person  generally  or 
specially empowered by the State Government in this behalf may, within three months from the date 
of  the  order  passed  on  such  claim  by  the  Forest  Settlement  Officer  under  section  11,  section  12, 
section 15 or section 16, present an appeal from such order to the District Judge. 

Explanation- In this section and in the succeeding sections of this Chapter. 'District Judge' means 
the  District  Judge  of  the  district  in  which  the  land  is  situate,  and  includes  an  Additional  Districts 
Judge to whom an appeal is transferred by the District Judge." 

[Vide Uttar Pradesh Act XXIII of 1965, s. 5] 

18.  Appeal  under  section  17.—(1)  Every  appeal  under  section  17  shall  be  made  by  petition  in 
writing, and may be delivered to the Forest Settlement-officer, who shall forward it without delay to the 
authority competent to hear the same. 

(2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed 

for the time being for the hearing of appeals in matters relating to land-revenue. 

(3)  If  the  appeal  be  to  the  Forest  Court,  the  Court  shall  fix  a  day  and  a  convenient  place  in  the 
neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties 
and shall hear such appeal accordingly. 

(4) The order passed on the appeal by such officer or Court, or by the majority of the members of 

such Court, as the case may be, shall, subject only to revision by the 1[State Government], be final. 

Uttar Pradesh 

STATE AMENDMENT 

Substitution of new section for section 18.—For section 18 of the principal Act, the following shall 

be substituted, namely— 

“18.  Appeal  under  section  17.—(1)  Every  appeal  under  section  17  shall  be  made  by  or  in 
writing and may be delivered to the Forest Settlement Officer, who shall forward it without delay to 
the District Judge. 

(2) The District Judge may, after giving to the parties an opportunity of being heard, confirm, set 
aside or modify the order under appeal or remand the case to the Forest Settlement Officer with such 
direction as he thinks fit. 

(3) During the pendency of the appeal the District Judge may, for sufficient cause, stay, on such 
terms,  if  any,  as  he  thinks  fit,  the  operation  of  the  order  appealed  from  and  pass  any  incidental  or 
consequential order. 

(4) The order passed on the appeal shall, subject to the provisions of section 22, be final.” 

[Vide Uttar Pradesh Act XXIII of 1965, s. 6] 

19. Pleaders.—The  1[State Government], or any person who has made a claim under this Act, may 
appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-officer, or the 
appellate officer or Court, in the course of any inquiry or appeal under this Act. 

13 

 
 
Uttar Pradesh 

STATE AMENDMENT 

Substitution of new section for section 19.—For section 19 of the principal Act, the following 

shall be substituted, namely— 

“19.  Pleaders.—The  State  Government,  or  any  person  who  has  made  a  claim  under  this  Act,  
may  appoint  any  person  to  appear,  plead  and  act  on  its  or  his  behalf  before  the  Forest  Settlement 
Officer or the District Judge in the course of any inquiry or appeal under this Act." 

[Vide Uttar Pradesh Act XXIII of 1965, s. 7] 

20.  Notification  declaring  forest  reserved.—(1)  When  the  following  events  have  occurred, 

namely:—  

(a) the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made 

under that section or section 9 have been disposed of by the Forest Settlement-officer; 

(b) if any such claims have been made, the period limited by section 17 for appealing from the 
orders passed on such claims has elapsed, and all appeals (if any) presented within such period have 
been disposed of by the appellate officer or Court; and 

(c)  all  lands  (if  any)  to  be  included  in  the  proposed  forest,  which  the  Forest  Settlement-officer 
has,  under  section  11  elected  to  acquire  under  the  Land  Acquisition  Act,  1894  (1  of  1894),  have 
become vested in the Government under section 16 of that Act. 

the  1[State  Government]  shall  publish  a  notification  in  the  2[Official  Gazette],  specifying  definitely, 
according to boundary-marks  erected  or  otherwise, the  limits  of  the forest  which  is to be reserved,  and 
declaring the same to be reserved from a date fixed by the notification. 

(2) From the date so fixed such forest shall be deemed to be a reserved forest. 

STATE AMENDMENTS 

Jammu and Kashmir and Ladakh (UTs).— 

Section 20A.– After section 20, insert the following section– 
20A. Demarcated forests deemed to be reserved forests.– (1) Notwithstanding anything contained in this 
Act  or  any  other  law  for  the  time  being  in  force,  any  forest  which  has  been  notified  as  a  demarcated  forest 
under  the  erstwhile  Jammu  and  Kashmir  Forest  Act,  1987  (1930  A.D.),  prior  to  the  appointed  day  notified 
under the Jammu and Kashmir Reorganization Act, 2019 (34 of 2019), shall be deemed to be a reserved forest 
under this Act. 

(2) All questions decided, orders issued and records prepared in connection with the constitution of such 
forest as demarcated forests shall be deemed to have been decided, issued and prepared under this Act, and the 
provisions of this Act relating to reserved forests shall apply to forest to which the provision of sub-section (1) 
are applicable. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. 
S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) 
Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Orissa 

Insertion of new section after section 20, (16 of 1927).—After section 20 of the Indian Forest Act, 1927 

(16 of 1927) (hereinafter referred to as the said Act), the following new section shall be inserted, namely:— 

20-A.  Forest  land  or  waste  land  deemed  to  be  reserved  forests.—(1)  Notwithstanding  anything 
contained  in  this  Act  or  in  any  other  law  for  the  time  being  in  force,  any  forest  land  or  waste  land  in  the 
merged territories, which had been recognized by the Ruler or any merged State immediately before the date of 
merger as a reserved forest in pursuance or any law, custom, rule, regulation, order or notification for the time 
being  in  force  or  which  has  been  dealt  with  as  such  in  any  administration  report  or  in  accordance  with  any 
working plan, or register maintained and acted upon immediately before the said date and has been continued 
to be so dealt with thereafter, shall be deemed to be reserved forests for the purposes of this Act. 

(2) In the absence of any rule, order or notification under this Act, application to the area in question any 
law, custom, rule, regulation, order or notification mentioned in sub-section (1) shall, anything in law  to the 

14 

contrary  notwithstanding,  be  deemed  to  be  validly  in  force  as  if  he  same  had  the  force  and  effect  of  rules, 
orders and notifications made under the provisions of this Act and shall continue to so remain in force until 
superseded, altered or modified in accordance therewith. 

(3) No report working plan, or register as aforesaid or any entry therein shall be questioned in any court of 
law;  provided  that  the  State  Government  have  duly  certified  that  such  report,  working  plan,  or  register  had 
been  prepared  under  the  authority  of  the  said  Ruler  before  the  date  of  the  merger  and  has  been  under  the 
authority of the State Government continued to be recognized, maintained or acted upon thereafter. 

(4)  Forests  recognized  in  the  merged  territories  as  khesra  forests,  village  forests  or  protected  forests,  or 
forests  other  than  reserved  forests,  by  whatever  name  designed  or  locally  known,  shall  be  deemed  to  be 
protected  forests  within  the  meaning  of  this  Act  and  provisions  of  sub-sections  (2)  and  (3)  shall  mutatis 
mutandis apply. 

Explanation I- “Working plan” includes any plan, scheme, project, maps, drawings and lay-outs prepared 

for the purpose of carrying out the operations in course of the working and management of forests. 

Explanation  II-  “Ruler”  includes  the  Darbar  administration  prior  to  the  date  of  the  merger  and  “State 

Government” includes the successor Government after the said date.”. 

[Vide the Orissa Act 11 of 1954, s. 2] 

Uttar Pradesh 

Amendment of section 20.—For clause (b) of sub-section (1) of section 20 of the principal Act, the 

following shall be substituted, namely— 

"(b) if any such claims have been made, the period limited by section 17 for appealing from the 
orders passed on such claims has elapsed, and all appeals (if any) presented within such period have 
been disposed of by the District Judge; and". 

[Vide Uttar Pradesh Act XXIII of 1965, s. 8] 

Addition  of  new  section  20-A—  After  section  20  of  the  principal  Act,  the  following  new  section 

shall be added, namely:- 

“20-A.  Certain  forest  land  or  waste  land  when  deemed  to  be  reserved  forest.—(1) 
Notwithstanding  anything  contained  in  this  Act  or  in  any  other  law  for  the  time  being  in  force, 
including the Merged States (Laws)  Act, 1949 or the U.P. Merged States (Application of Laws) Act, 
1950,  or  any    order  issued  thereunder,  any  forest  land  or  waste  land  in  a  merged  State  which 
immediately before the date of merger (hereinafter in this section referred to as the said date),- 

(a) awas deemed to be a reserved forest under any enactment in force in that State, or  

(b) was recognized or declared by the Ruler of such State as reserved forest under any law 
(including any enactment, rule, regulation, order, notification, custom or usage having the force 
of law) for the time being in force, or  

(c) was dealt with as a reserved forest in any administrative report or in accordance with any 

working plan  or register maintained and acted upon  under the authority of the Ruler,  

shall be deemed to be and since the said date to have continued to be a reserved forest subject to 
the same rights or concession, if any, in favour of any person as were in force immediately before 
the said date. 

Explanation I- A certificate of the State Government or of any officer authorised in this behalf to 
the effect that a report, working plan or register was maintained and acted upon under the authority of 
the Ruler shall be conclusive evidence of the fact that it was so maintained and acted upon. 

Explanation II- Any question as to the existence or extent of any right  or concession referred to 
in  this  sub-section  shall  be  determined  by  the  State  Government,  whose  decision,  given  after  such 
enquiry, if any as it thinks fit shall be final. 

Explanation  III-  'Working plan' includes any plan, scheme, project, map, drawings and layouts 
prepared, for the purpose of carrying out the operations in the course of the working and management 
of forests. 

15 

(2) No right shall be deemed to have been acquired on or after the said date in or over any land 
mentioned  in  sub-section(I)  except  by  succession  or  under  a  grant  or  contract  in  writing  made  or 
entered into by or on behalf of the State Government or some person in whom such rights was vested 
immediately before the said date and no fresh clearings since made for cultivation or for any other 
purpose (except clearings made in accordance with any concessions granted by the Ruler and in force 
immediately before the said date or  in accordance with the rules made by the State Government in 
this behalf since the said date) shall be recognized as or deemed to be lawful, anything contained in 
this Act or any other law for the time being in force notwithstanding. 

(3) The  State  Government may  within five  years from  the  commencement  of the  Indian  Forest 
(Uttar Pradesh Amendment) Act, 1965, revise any arrangement of the nature specified in section 22, 
and pass any incidental or consequential order, including any direction to the effect that any of the 
proceedings specified in the foregoing provisions of this Chapter be taken. 

(4) In relation to any land mentioned in sub-section (1), the references in sections 24 and 26- 

(a) to section 23 shall be construed as references to sub-section (2) ; and 

(b) to rights admitted, recorded or continued under section 14 or section 15 shall be construed 
as references to rights of pasture or to forest produce admitted, recorded or continued in or under 
the corresponding enactment, law or documents referred to in sub-section (1). 

(5) Without prejudice to any action that may be or may have been taken for ejectment, vacation of 
encroachment or recovery of damages in respect of any unauthorised occupation of or trespass over 
any land mentioned in sub-section (1), or for seizure, confiscation, disposal or release (on payment of 
value or otherwise) of any forest produce in respect of which any forest offence has been committed 
in relation to such land or of any tools, boats, carts, or cattle used in committing such offence, nothing 
in this section shall be deemed to authorize the conviction of any person for any act done before the 
commencement  of  the  Indian  Forest  (Uttar  Pradesh  Amendment)  Act,  1965,  which  was  not  an 
offence before such commencement." 

[Vide Uttar Pradesh Act XXIII of 1965,s. 9] 

21.  Publication  of  translation  of  such  notification  in  neighbourhood  of  forest.—The  Forest-officer 
shall,  before  the  date  fixed  by  such  notification,  cause  a  translation  thereof  into  the  local  vernacular  to  be 
published in every town and village in the neighbourhood of the forest. 

22. Power to revise arrangement made under section 15 or section 18.—The 1[State Government] 
may, within five years from the publication of any notification under section 20 revise any arrangement 
made under section 15 or section 18, and may for this purpose rescind or modify any order made under 
section 15 or section 18, and direct that any one of the proceedings, specified in section 15 be taken in 
lieu  of  any  other of such proceedings,  or that  the  rights admitted  under section  12  be  commuted  under 
section 16. 

Uttar Pradesh 

STATE AMENDMENT 

Insertion of a new section 22-A in Act 16 of 1927.—After Section 22 as amended in its application 
to Uttar Pradesh, hereinafter referred to as the principal Act, the following section shall be inserted and 
shall be deemed to have been inserted with effect from November 23, 1960, namely: — 

"22-A. Power of revision in other cases.—(1) Without prejudice to the provisions of section 22, 
the State Government may, either of its own motion or on a petition being made in that behalf, call 
for  the  record  of  any  appeal  decided  under  section  18,  and  may  confirm  the  order  passed  on  such 
appeal,  or  set  it  aside,  or  modify  it,  or  remand  the  case  to  the  Forest  Settlement  officer  with  such 
directions as it may think fit. 

1. Subs. by the A.O. 1950, for “Provincial Government”. 

16 

                                                      
(2)  No  petition  under  this  section  may  be  made,  after  November  22,  1965,  and  the  State 

Government may not exercise any power under this section, after the said date." 

[Vide Uttar Pradesh Act 11 of 1973, s. 2] 

Substitution of new section for section 22.—For section 22 of the principal Act, the following shall be 
substituted, namely- 

''22.  Powers  to  revise  arrangements  made  under    section  15  or  section  18.—The  State 
Government  may, within five years from the publication of any notification under section 20, revise 
any  arrangement  made  under  section  15  or  on  appeal  under  section  18.  and  may  for  this  purpose 
rescind  or  modify  any  order  made  under  section  15  or  section  18,  and  direct  that  any  of  the 
proceedings specified in section 15 be taken in lieu of any other of such proceedings, or that the rights 
admitted under section 12 be commuted under section 16.'' 

[Vide Uttar Pradesh Act XXIII of 1965,s. 10] 

23. No right acquired over reserved forest, except as here provided.—No right of any description 
shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing 
made  by  or  on  behalf  of  the 1[Government]  or  some  person  in  whom  such  right  was  vested  when  the 
notification under section 20 was issued. 

24.  Rights  not  to  be  alienated  without  sanction.—(1)  Notwithstanding  anything  contained  in 
section 23, no right continued under clause (c) of sub-section (2) of section 15 shall be alienated by way 
of grant, sale, lease, mortgage or otherwise, without the sanction of the 1[State Government]: 

Provided that,  when any  such  right  is  appendant  to  any  land  or house,  it  may  be  sold  or otherwise 

alienated with such land or house. 

(2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered 

except to such extent as may have been admitted in the order recorded under section 14. 

25. Power to stop ways and watercourses in reserved forests.—The Forest-officer may, with the 
previous sanction of the  1[State Government] or of any officer duly authorised by it in this behalf, stop 
any public or private way or water-course in a reserved forest, provided that a substitute for the way or 
water-course  so  stopped,  which  the  1[State  Government]  deems  to  be  reasonably  convenient,  already 
exists, or has been provided or constructed by the Forest-officer in lieu thereof. 

26. Acts prohibited in such forests.—(1) Any person who—  

(a) makes any fresh clearing prohibited by section 5, or 
(b)  sets  fire  to  a  reserved  forest,  or,  in  contravention  of  any  rules  made  by  the  1[State 
Government]  in  this  behalf,  kindles  any  fire,  or  leaves  any  fire  burning,  in  such  manner  as  to 
endanger such a forest; 

or who, in a reserved forest—  

(c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this 

behalf; 

(d) trespasses or pastures cattle, or permits cattle to trespass; 

(e) causes any damage by negligence in felling any tree or cutting or dragging any timber; 

(f)  fells,  girdles,  lops, taps  or  burns  any  tree  or  strips  off  the  bark  or  leaves  from,  or  otherwise 

damages, the same; 

(g) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or 

removes, any forest-produce; 

(h) clears or breaks up any land for cultivation or any other purpose; 
(i)  in  contravention  of  any  rules  made  in  this  behalf  by  the 2[State  Government]  hunts,  shoots, 

fishes, poisons water or sets traps or snares; or 

1. Subs. the A.O. 1950, for “Crown”. 
2. Subs. by the A.O. 1950, for “Provincial Government”. 

17 

                                                      
(j) in any area in which the Elephants’ Preservation Act, 1879 (6 of 1879), is not in force, kills or 

catches elephants in contravention of any rules so made; 

shall be punishable  with imprisonment  for a term  which  may  extend  to  six  months,  or  with  fine  which 
may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the 
forest as the convicting Court may direct to be paid. 

(2) Nothing in this section shall be deemed to prohibit—  

(a)  any  act  done  by  permission  in  writing  of  the  Forest-officer,  or  under  any  rule  made  by  the 

1[State Government]; or 

(b) the exercise of any right continued under clause (c) of sub-section (2) of section 15, or created 

by grant or contract in writing made by or on behalf of the Government under section 23. 

(3)  Whenever  fire  is  caused  wilfully  or  by  gross  negligence  in  a  reserved  forest,  the  1[State 
Government] may (notwithstanding that any penalty has been inflicted under this section) direct that in 
such  forest  or  any  portion  thereof  the  exercise  of  all  rights  of  pasture  or  to  forest-produce  shall  be 
suspended for such period as it thinks fit. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 26 of Act  16 of 1927.—In section 26 of the Indian Forest Act, 1927, in its 

application to the State of Maharashtra (hereinafter referred to as “the principal Act”),— 

(a) in sub-section (1),— 

(i)  for  the  words  “two  thousand  rupees”  the  words  “five  thousand  rupees”  shall  be 

substituted; 

(ii)the following proviso shall be added, namely:— 

“Provided that, in cases where the forest-offence is committed after sunset and before sunrise, 
or after preparation for resistance to lawful authority, or where the offender has been previously 
convicted for any forest-offence the punishment may extend to double the punishment mentioned 
in this sub-section.”; 

(b) after sub-section (1), the following sub-section shall be inserted, namely:— 

“(1A) (a) The Forest-officer may evict form a reserved forest or from any land in a reserved forest 
any  person  who,  in  such  forest,  trespasses  or  pastures  cattle,  or  permits  cattle  to  trespass,  or  clears  or 
breaks up such land for cultivation or for any other purpose, and may demolish any building erected or 
construction made by such person on such land. 

(b) Any agricultural or other crops grown, or any building erected or any construction made, by any 
person on any land in a reserved forest shall be liable to confiscation by an order of the Divisional Forest-
officer. 

(c)  The  provisions  of  this  sub-section  shall  have  effect  notwithstanding  any  punishment  inflicted 

under sub-section (1): 

Provided that, nothing in the above sub-section shall adversely affect the forest rights conferred on 
the forest dwelling Schedule Tribes and other traditional forest dwellers under the Scheduled Tribes and 
Other  Traditional  Forest  Dwellers  (Recognition  of  Forest  Rights)  Act,  2006  (2  of  2007)  and  the 
ownership rights  of  Gram  Sabha  over the  minor  forest-produce  under the  Provisions  of the  Panchayats 
(Extension to the Scheduled Areas) Act, 1996 (40 of 1996).”; 

(c) for sub-section (4), the following sub-sections shall be substituted, namely:— 

“(4) Any person who causes resistance or hurt to deter public servants or employees engaged on their 
behalf  from  discharging  their  duties  under  sub-section  (1-A)  shall,  on  convicted,  be  punished  with 

18 

imprisonment for a term which shall not be less than one year but may extend to six years and also with 
fine which shall not be less than one thousand rupees. 

(5) No civil court shall have any jurisdiction in any matter provided for by sub-section (1-A).”. 

[Vide Maharashtra Act 21 of 2015, s. 2]. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 26.-In sub-section (1) — 

(i) in clause (e), substitute the word “dragging” with the words “dragging or removing”; 

(ii) in clause (f), substitute the words “the same” with the words “the same or any forest produce”; 

(iii) for clause (h), substitute the following clause, namely:–– 

(h) clears or breaks up any land or erects a fence, enclosure or any structure for cultivation or 
cultivates or attempts to cultivate any land in any other manner in any reserved forest, or for any 
other purpose; 

(iv)  in  the  long  line,  for  the  words “six  months,  or  with fine  which  may  extend  to  five  hundred 
rupees,”  substitute  the  words  “two  years,  or  with  fine  which  may  extend  to  twenty  five  thousand 
rupees. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Uttar Pradesh 

Amendment of section 26—In section 26  of the principal Act, in sub-section (1),— 

(i) in clause (b) after the words "reserved forest" the words "or to a forest in the land in respect of 

which a notification under section 4 has been issued" shall be inserted; 

(ii) in clause (e) for the word "dragging" the word "removing" shall be substituted; 

(iii) in clause (f) after the words "the same" the words "or any forest produce" shall be inserted; 

(iv)  for  the  words  "shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  six 
months, or with fine which may extend to five hundred rupees, or with both," the words "shall, for an 
act under clause (b) or clause (f) or clause (g) or clause (h), be punishable with imprisonment for a 
term which may extend to two years, or with fine which may extend to five thousand rupees, or with 
both, and on the second and every subsequent conviction for the same offence, with imprisonment for 
a term which may extend to two years, or with fine which may extend to twenty thousand rupees but 
which shall not be less than five thousand rupees, or with both and for an act under any of the other 
clauses,  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  six  months  or  with  fine 
which  may  extend  to  one  thousand  rupees,  or  with  both,  and  on  the  second  and  every  subsequent 
conviction  for  the  same  offence,  with  imprisonment  which  may  extend  to  six  months,  or  with  fine 
which may extend to two thousand rupees, or with both," shall be substituted.] 

[Vide Uttar Pradesh Act, 1 of 2001, s. 3]  

Amendment of section 26.—In sub-section (1) of section 26 of the principal Act, or clause (a), the 

following shall be substituted, namely- 

''(a) makes any fresh clearing or does any other act prohibited by section 5, or'' 

[Vide Uttar Pradesh Act XXIII of 1965, s. 11] 

19 

 
 
Uttarakhand 

Amendment of section 26.—In section 26 the principal Act, in sub-section (1) – 

In sub-section (1)— 

(i) in clause (b) after the words "reserved forest" the words or "to a forest in the land in respect of 

which a notification under Section 4 has been issued" shall be inserted; 

(ii) in clause (e) for the word "dragging" the word "removing" shall be substituted; 

(iii) in clause (f) after the words "the same" the words "or any forest produce" shall be inserted; 

(iv)  for  the  words  "shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  six 
months, or with fine which may extend to five hundred rupees, or with both," the words "shall, for an 
Act  described  under  clause  (b)  or  clause  (f)  or  clause  (g)  or  clause  (h),  be  punishable  with 
imprisonment  for  a  term  which  may  extend  to  two  years,  or  with  fine  which  may  extend  to  five 
thousand  rupees,  or  with  both  and  on  the  second  and  every  subsequent  conviction  for  the  same 
offence, with imprisonment for a term which may extend to two years, or with fine which may extend 
to twenty thousand rupees but which shall not be less than five thousand rupees, or with both, and for 
an Act described under any of the other clauses, be punishable with imprisonment for a term which 
may extend to six months or with fine which may extend to one thousand rupees, or with both, and on 
the  second  and  every  subsequent  conviction  for  the  same  offence,  with  imprisonment  which  may 
extend to six months, or with fine which may extend to two thousand rupees, or with both," shall be 
substituted. 

[Vide Uttarakhand Act 10 of 2002, s. 3] 

Maharashtra 

Amendment of section 26 of Act XVI of 1927.—In section 26 of the principal Act,-- 

(i) in sub-section (1), for the words beginning with the brackets and letter “(b)” and ending with 

the words “ or who, in a reserved forest” the following shall be substituted, namely :- 

“(b)  set  fire  to  a  reserved  forest  to  a  proposed  forest  in  land  in  respect  of  which  a  notification 
declaring the decision of the State Government to constitute it a reserved forest has been issued under 
section 4, or in contravention of any rule made by the State Government in this behalf, kindless in 
such forest any fire or leaves any fire or burning, in such manner as to endanger such a forest; or who, 
in a reserved forest or a proposed forest in land notified as aforesaid under section 4;”; 
(ii) after sub-Section (3), the following sub-section shall be inserted namely:- 
“(4) Where a person is convicted under clause (d) or (h) of sub-section (1),- 
(a) a Forest Officer not below the rank of a Ranger, or 
(b) a Police Officer not below the rank of a Sub-Inspector, or 
(c) a Revenue Officer not below the rank of a Mahalkari or Tahsildar, 

may evict him from the forest or land in relation to which he has committed the offence.”. 

[Vide Maharashtra act VI of 1961, s. 7] 

Maharashtra 

Amendment of section 26 of Act XVI of 1927.—In section 26 of the principal Act, in sub-section (1) for 
the words “six months or with fine which may extend to five hundred rupees” the words “one year or with 
fine which may extend to two thousand rupees,” 

[Vide Maharashtra Act VII of 1985, s. 3] 

20 

27.  Power  to  declare  forest  no  longer  reserved.—(1)  The  1[State  Government]  may,  2***  by 
notification in the 3[Official Gazette], direct that, from a date fixed by such notification, any forest or any 
portion thereof reserved under this Act shall cease to be a reserved forest. 

(2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) 

which have been extinguished therein shall not revive in consequence of such cessation. 

Uttar Pradesh 

STATE AMENDMENTS 

Addition  of  new  section  27-A.—In  Chapter  II  of  the  principal  Act,  after  section  27,  the 

following new section shall be added, namely-  

“27-A. Finality of orders etc.—No act done, order made or certificate issued in exercise of 
any power conferred by or under this Chapter shall, except as hereinbefore provided, be called in 
question in any Court.'' 

[Vide Uttar Pradesh Act XXIII of 1965, s. 12] 

CHAPTER III 

OF VILLAGE-FORESTS 

28.  Formation  of  village-forests.—(1)  The 

to  any  
village-community the rights of Government to or over any land which has been constituted a reserved 
forest, and may cancel such assignment. All forests so assigned shall be called village-forests. 

1[State  Government]  may  assign 

(2)  The  1[State  Government]  may  make  rules  for  regulating  the  management  of  village-forests, 
prescribing  the  conditions  under  which  the  community  to  which  any  such  assignment  is  made  may  be 
provided  with  timber  or  other  forest-produce  or  pasture,  and  their  duties  for  the  protection  and 
improvement of such forest. 

(3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent 

with the rules so made) apply to village-forests. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 28.- 

STATE AMENDMENTS 

(i) in sub-section (1), for the word “reserved forest”, substitute the words “reserved forest or declared 

a protected forest or is a land which has been entered in settlement records as khalsa land”; 

(ii) in sub-section (3) after the words “reserved forests”, insert the words “or protected forests, as the 

case may be”. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020). and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 
Uttar Pradesh 

Amendment  of  section  28  of  Act  XVI  of  1927—In  section  28  of  the  Indian  Forest  Act,  1927  as 

amended in its application to Uttar Pradesh (Hereinafter  called the principal Act): 

 (1) in sub-section (1) 

(i) between the word “Forest” and the comma, the following shall be inserted: 

“or declared a protected forest or is a forest belonging to the Government.” 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. The words “subject to the control of the G.G. in C.” rep. by the A.O. 1937 
3. Subs., ibid, for “Local Official Gazette”. 

21 

                                                      
(ii)  for  the  full  stop  occurring  at  the  end,  a  comma  shall  be  substituted  and  thereafter  the 

following words and full stop shall be added: 

“and,  subject  to  the  rules  made  under  sub-section  (2)  all  the  provisions  of  this  Act  relating  to 
reserved forests, protected forests, or forests belonging to the Government, shall, as the case may be, 
apply to them.” 

(2) sub-section (3) shall be deleted. 

[Vide Uttar Pradesh Act XXI of 1960, s. 2] 

Maharashtra 

Amendment of section 28 of Act XVI of 1927.—In section 28 of the said Act, -- 

(1)  in  sub-section  (1),  after  the  word  “village  community”  the  words  and  figures  “village 
panchayat  established  under  the  Bombay  Village  Panchayats  Act,  1933  (Bom.  VI  of  1933),  or  co-
operative society registered or deemed to be registered under the Bombay Co-operative Societies act, 
1925 (Bom. VII of 1925),” shall be inserted; 

(2)  in  sub-section  (2),  after  the  word  “community”  the  words  “,panchayat  or  society”  shall  be 

inserted. 

[Vide Bombay Act XXIV of 1955, s. 3] 

Maharashtra 

Amendment of section 28 of Act XVI of 1927.—In section 28 of the principal Act,-- 

(a)  for  the  words  and  figures  “the  Bombay  Village  Panchayats  Act,  1933  (Bom.  VI  of  1933),”  the 

words and figures “the Bombay Village Panchayats Act, 1958 (Bom. III of 1959),” shall be substituted. 

(b) For the words and figures “the Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925),” 

the words and figures “the Maharashtra Societies Act, 1960 (Mah. XXIV of 1961),” shall be substituted. 

[Vide Maharashtra Act VII of 1985, s. 4] 

CHAPTER IV 

OF PROTECTED FORESTS 

29. Protected forests.—(1) The 1[State Government] may, by notification in the 2[Official Gazette], 
declare the provisions of this Chapter applicable to any forest-land or waste-land which is not included in 
a reserved forest, but which is the property of Government, or over which the Government has proprietary 
rights, or to the whole or any part of the forests produce of which the Government is entitled. 

(2) The  forest-land  and  waste-lands comprised in any  such  notification  shall  be called a  “protected 

forests”. 

(3) No such notification shall be made unless the nature and extent of the rights of Government and of 
private  persons  in  or  over  the  forest-land  or  waste-land  comprised  therein  have  been  inquired  into  and 
recorded at a survey or settlement, or in such other manner as the  1[State Government] thinks sufficient. 
Every such record shall be presumed to be correct until the contrary is proved: 

Provided  that,  if,  in  the  case  of  any  forest-land  or  waste-land,  the  1[State  Government]  thinks  that 
such inquiry and record are necessary, but that they will occupy such length of time as in the mean time to 
endanger  the  rights  of  Government,  the  1[State  Government]  may,  pending  such  inquiry  and  record, 
declare  such  land  to  be  a  protected  forest,  but  so  as  not  to  abridge  or  affect  any  existing  rights  of 
individuals or communities. 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by the A.O. 1937, for “Local Official Gazette”. 

22 

 
 
                                                      
Jammu and Kashmir and Ladakh (UTs).— 

Section 29A.- After section 29, insert the following section– 

STATE AMENDMENT 

29A.  Undemarcated  forests  deemed  to  be  protected  forests.-  (1)  Notwithstanding  anything 
contained in this Act or any other law for the time being in force, any undemarcated forest (which 
means  and  includes  all  forest  land  other  than  demarcated  forest  which  is  the  property  of  the 
Government  of  Union  territory  of  Jammu  and  Kashmir  and  is  not  appropriated  for  any  specific 
purpose  and  includes  all  the  undemarcated  and  berun  line  forest  vested  in  the  Forest  Department 
under  the  provisions  of  section  48  of the Jammu  and  Kashmir Village  Panchayat  Act,  1958  or  any 
other  law  for  the  time  being  in  force),  prior  to  the  appointed  day  notified  under  the  Jammu  and 
Kashmir Reorganization Act, 2019, shall be deemed to be a protected forest under this Act. 

(2) All questions decided, orders issued and records prepared in connection with the constitution of 
such forest as undemarcated forests shall be deemed to have been decided, issued and prepared under this 
Act, and the provisions of this Act relating to protected forests shall apply to forest to which the provision 
of sub-section (1) are applicable. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 

30. Power to issue notification reserving trees, etc.—The 1[State Government] may, by notification 

in the 2[Official Gazette],—  

(a) declare any trees or class of trees in a protected forests to be reserved from a date fixed by the 

notification; 

(b)  declare  that  any  portion  of  such  forest  specified  in  the  notification  shall  be closed  for  such 
term, not exceeding thirty years, as the  1[State Government] thinks fit, and that the rights of private 
persons, if any, over such portion shall be suspended during such term, provided that the remainder of 
such forest be  sufficient,  and  in  a  locality  reasonably  convenient, for the  due  exercise of the rights 
suspended in the portion so closed; or 

(c)  prohibit,  from  a  date  fixed  as  aforesaid,  the  quarrying  of  stone,  or  the  burning  of  lime  or 
charcoal,  or  the  collection  or  subjection  to  any  manufacturing  process,  or  removal  of,  any  forest-
produce in any such forest, and the breaking up or clearing for cultivation, for building, for herding 
cattle or for any other purpose, of any land in any such forest. 

31. Publication of translation of such notification in neighbourhood.—The Collector shall cause a 
translation  into  the  local  vernacular  of  every  notification  issued  under  section  30  to  be  affixed  in  a 
conspicuous  place  in  every  town  and  village  in  the  neighbourhood  of  the  forests  comprised  in  the 
notification. 

32.  Power  to  make  rules  for  protected  forests.—The  1[State  Government]  may  make  rules  to 

regulate the following matters, namely:—  

(a)  the  cutting,  sawing,  conversion  and  removal  of  trees  and  timber,  and  the  collection, 

manufacture and removal of forest-produce, from protected forests; 

(b) the  granting  of  licenses  to  the  inhabitants  of  towns  and  villages  in the  vicinity  of  protected 
forests to take trees, timber or other forest-produce for their own use, and the production and return of 
such licenses by such persons; 

(c) the granting of licenses to persons felling or removing trees or timber or other forest-produce 
from such forests for the purposes of trade, and the production and return of such licenses by such 
persons; 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by the A.O. 1937, for “Local Official Gazette”. 

23 

                                                      
(d)  the  payments,  if  any,  to  be  made  by  the  persons  mentioned  in  clauses  (b)  and  (c)  for 

permission to cut such trees, or to collect and remove such timber or other forest-produce; 

(e) the other payments, if any, to be made by them in respect of such trees, timber and produce, 

and the places where such payment shall be made; 

(f) the examination of forest-produce passing out of such forests; 

(g) the clearing and breaking up of land for cultivation or other purposes in such forests; 

(h) the protection from fire of timber laying in such forests and of trees reserved under section 30; 

(i) the cutting of grass and pasturing of cattle in such forests; 

(j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests, and the 
killing or catching of elephants in such forests in areas in which the Elephants Preservation Act, 1879 
(6 of 1879), is not in force; 

(k) the protection and management of any portion of a forest closed under section 30; and 

(l) the exercise of rights referred to in section 29. 

33. Penalties for acts in contravention of notification under section 30 or of rules under section 

32.— (1) Any person who commits any of the following offences, namely:—  

(a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or 

leaves from, or otherwise damages, any such tree; 

(b)  contrary  to  any  prohibition  under  section  30,  quarries  any  stone,  or  burns  any  lime  or 

charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce; 

(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other 

purpose any land in any protected forest; 

(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its 
spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed 
portion of such forest; 

(e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion; 

(f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid; 

(g) permits cattle to damage any such tree; 

(h) infringes any rule made under section 32; 

shall be punishable with imprisonment for a term which may extend to six months or with fine which may 
extend to five hundred rupees, or with both. 

(2)  Whenever  fire  is  caused  wilfully  or  by  gross  negligence  in  a  protected  forest,  the  State 
Government  may,  notwithstanding  that  any  penalty  has  been  inflicted  under  this  section,  direct  that  in 
such  forest  or  any  portion  thereof  the  exercise  of  any  right  of  pasture  or  to  forest-produce  shall  be 
suspended for such period as it thinks fit. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, in sub-section 

(1), for the words “two thousand rupees” the words “five thousand rupees” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 3]. 
Jammu and Kashmir and Ladakh (UTs).— 

Section 33.-In Sub-section (1). — 

(i) in clause (c), after the words “or clears”, insert the words “or attempts to break-up or clear”; 

(ii) in clause (f), after the word “drags” , insert the words “or removes”; 

24 

(iii)  in  the  long  line  for  the  words  “six  months,  or  with  fine  which  may  extend  to  five  hundred 
rupees”,  substitute  the  words  “two  years,  or  with  fine  which  may  extend  to  twenty-five  thousand 
rupees”. 
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Uttar Pradesh 

Amendment of section 33-In section 33 of the principal Act, in sub-section (1),— 

(i) in clause (c) after the words "or clears" the words "or, attempts to break up or clear" shall be 

inserted;] 

(ii) in clause (f) for the word "drags" the word "removes" shall be substituted; 

  (iii) for the words "six months or with fine which may extend to five hundred rupees, or with 
both" the words "two years, or with fine which may extend to five thousand rupees, or with both and 
on the second and every subsequent conviction for the same offence, with imprisonment for a term 
which  may  extend  to  two  years  and  with  fine  which  may  extend  to  ten  thousand  rupees"  shall  be 
substituted.] 

[Vide Uttar Pradesh Act 1 of 2001, s. 4] 

Uttarakhand 

Amendment of section 33.—In section 33 of the principal Act, in sub-section (1)— 

(i) in clause (c) after the words "or clears" the words "or, attempts to break-up or clear" shall be 

inserted; 

(ii) in clause (f) for the word "drags" the word "removes" shall be substituted; 
(iii)  for the  words "six  months, or  with fine  which  may  extend to five  hundred rupees,  or  with 
both" the words "two years, or with fine which may extend to five thousand rupees, or with both and 
on the second and every subsequent conviction for the same offence, with imprisonment for a term 
which  may  extend  to  two  years  and  with  fine  which  may  extend  to  ten  thousand  rupees"  shall  be 
substituted. 

[Vide Uttarakhand Act 10 of 2002, s. 4] 

Maharashtra 

Amendment  of  section  33  of  Act  XVI  of  1927.—In  section  33  of  the  principal  Act,  after                 

sub-section (2), the following sub-section shall be inserted, namely:-- 

(3) Where a person is convicted of an offence under subsection (1),- 

(a) a Forest Officer not below the rank of Ranger, or 
(b) a Police Officer not below the rank of Sub-Inspector, or 
(c) a Revenue Officer not below the rank of Mahalkari or Tahsildar, 

may evict him from the protected forest in relation to which he has committed the offence. 

[Vide Maharashtra Act VI of 1961, s. 8] 

Maharashtra  

Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, in sub-section (1), 
for the words “six months or with fine which may extend to five hundred rupees,” the words “one year or 
with fine which may extend to two thousand rupees,” shall be substituted. 

[Vide Maharashtra Act VII of 1985, s. 5] 

25 

 
34. Nothing in this Chapter to prohibit acts done in certain cases.—Nothing in this Chapter shall 
be deemed to prohibit any act done with the permission in writing of the Forest-officer, or in accordance 
with rules made under section 32, or, except as regards any portion of a forest closed tinder section 30, or 
as regards any rights the exercise of which has been suspended under section 33, in the exercise of any 
right recorded under section 29. 

CHAPTER V 

OF THE CONTROLOVER FORESTSANDLANDS NOT BEING THE PROPERTY OF GOVERNMENT 

35. Protection of forests for  special purposes.—(1) The 1[State Government] may, by notification 

in the 2[Official Gazette], regulate or prohibit in any forest or waste-land—  

(a) the breaking up or clearing of land for cultivation; 

(b) the pasturing of cattle; or 

(c) the firing or clearing of the vegetation; 

when such regulation or prohibition appears necessary for any of the following purposes:—  

(i) for protection against storms, winds, rolling stones, floods and avalanches; 

(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the 
prevention of landslips or of the formation of ravines, and torrents, or the protection of land against 
erosion, or the deposit thereon of sand, stones or gravel; 

(iii) for the maintenance of a water-supply in springs, rivers and tanks; 

(iv) for the protection of roads, bridges, railways and other lines of communication; 

(v) for the preservation of the public health. 

(2) The 1[State Government] may, for any such purpose, construct at us own expense, in or upon any 

forest or waste-land, such work as it thinks fit. 

(3)  No  notification  shall  be  made  under  sub-section  (1)  nor  shall  any  work  be  begun  under  
sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show 
cause, within a reasonable period to be specified in such notice, why such notification should not be made 
or  work  constructed,  as  the  case  may  be,  and  until  his  objections,  if  any,  and  any  evidence  he  may 
produce in support of the same, have been heard by an officer duly appointed in that behalf and have been 
considered by the 1[State Government]. 

Maharashtra 

Amendment of section 35 of  Act XVI of 1927.—In section 35 of the said Act,-- 

STATE AMENDMENT 

(1) in sub-section (3), after the words “until after the issue” the words “by an officer authorised 

by the State Government in that behalf” shall be inserted; 

(2) After sub-section (3), the following sub-section shall be added, namely:-- 

“(4) A notice to show cause why a notification under sub-section (1) should not be made, may 
require that for any period not exceeding six months, or till the date of the making of a notification, 
whichever  is  earlier,  the  owner  or  such  forest  and  all  persons  who  are  entitled  or  permitted  to  do 
therein any or all of the things, specified in clause (i) or sub-section (1), whether by reasons of any 
right,  title  or  interest  or  under  any  licence  or  contract  or  otherwise,  shall  not,  after  the  date  of  the 
notice  and  for  the  period  or  until  the  date  aforesaid,  as  the  case  may  be,  do  any  or  all  the  things 
specified in clause (i) of sub-section (1), to extent specified in the notice. 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by the A.O. 1937, for “Local Official Gazette”. 

26 

                                                      
(5)  A  notice  issued  under  sub-section  (3)  shall  be  served  on  the  owner  of  such  forest  in  the 
manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the service of summons and 
shall also be published in the manner prescribed by rules. 

(6) Any person contravening any requisition made under sub-section (4) in a notice to show cause 
why a notification under sub-section (1) should not be made shall, on conviction, be punished with 
imprisonment for a term which may extend to six months or with fine or with both.” 

[Vide Uttarakhand Act XXIV of 1955, s. 4] 

Maharashtra 

Amendment of section 35 of Act XVI of 1927.—In section 35 of the principal Act,-- 

(i) in sub-section (4); for the words “six months” the words “one year” shall be substituted; 

(ii) after sub-section (5), the following sub-section shall be inserted, namely :- 

“(5-A) Where a notice issued under sub-section (3) has been served on the owner of a forest in 
accordance with subsection (5), any person acquiring thereafter the right of ownership of that forest 
shall  be  bound  by  the  notice  as  if it  had been  served  on  him  as  an  owner  and he  shall  accordingly 
comply with the notice, requisition and notification, if any, issued under this section.”; 

(iii) after sub-section (6), the following sub-section shall be inserted, namely :- 

“(7) Any person contravening any of the provisions of a notification issued under sub-section (1) 
shall, on conviction, be punished with imprisonment for a term which may extend to six months, or 
with fine, or with both.” 

[Vide Maharashtra Act VI of 1961, s. 9] 

36. Power to assume management of forests.— (1) In case of neglect of, or willful disobedience to, 
any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that 
section so require, the 1[State Government] may, after notice in writing to the owner of such forest or land 
and after considering his objections, if any, place the same under the control of a Forest-officer, and may 
declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or 
land. 

(2) The net profits, if any, arising from the management of such forest or land shall be paid to the said 

owner. 

Maharashtra 

STATE AMENDMENT 

Insertion of new sections 36-A, 36-B, and 36-C in Act XVI of 1927.—After section 36 of the said Act, 
the following new sections shall be inserted, namely:- 

“36-A.  Manner  of  serving  notice  and  order  under  section  36.—The  notice  referred  to  in        

sub-section (1) of section 36 and the order, if any, made placing a forest under the control of a Forest 
officer  shall  be  served  on  the  owner  of  such  forest  in  the  manner  provided  in  the  Code  of  Civil 
Procedure, 1908 (V of 1908), for the service of summons. 

36-B. Period of control.—(1) The period of such control of any forest shall be for ten years from 
the date of the order aforesaid ; but such period may thereafter by extended for successive periods of 
not more than years each: 

Provided that the period of such control shall not in the aggregate exceed 30 years from the date 

of the order. 

(2) The forest officer, under whose control the forest is placed, shall, not later than six months 
before the expiry of any period referred to in sub-section (1) make a report regarding such control and 
shall state therein whether in his opinion, any period of control should be extended. 

27 

(3) After considering any such report and subject to sub-section (1), the state government shall 
decide whether to extend any period of control or whether to terminate it in the manner provided in 
the next succeeding section. 

(4)  No  period  of  control  shall  be  extended  unless  the  owner  has  been  given  reasonable 

opportunity of showing cause against such extension. 

36-C. Termination of control.—(1) If the State Government decides to terminate any period of 
control of any forest, if shall, by order published in the Official Gazette and in such other manner as 
may be prescribed by rules, so declare ; and thereupon possession of the forest shall be given to the 
owner, or if the owner be dead, to any person entitled to such possession, together with any sum of 
money which may be standing to the credit of such owner; 

(2)  All  acts  done  or  purported  to  be  done  by  the  Forest-officer  in  respect  of  any  forest  placed 
under his control, during the period of such control or of any extension thereof, shall be binding on 
the owner of such forest or any person to whom possession  of the forest has been delivered under 
this section.” 

[Vide Bombay Act XXIV of 1955, s. 5] 

37.  Expropriation  of  forests  in  certain  cases.—(1)  In  any  case  under  this  Chapter  in  which  the 
1[State  Government]  considers  that,  in  lieu  of  placing  the  forest  or  land  under  the  control  of  a  Forest-
officer, the same should be acquired for public purposes, the 1[State Government] may proceed to acquire 
it in the manner provided by the Land Acquisition Act, 1894 (1 of 1894). 

(2) The owner of any forest or land comprised in any notification under section 35 may, at any time 
not less than three or more than twelve years from the date thereof, require that such forest or land shall 
be  acquired  for  public  purposes,  and  the  1[State  Government]  shall  acquire  such  forest  or  land 
accordingly.  

38. Protection of forests at request of owners.—(1) The owner of any land or, if there be more than 
one owner thereof, the owners of shares therein amounting in the aggregate to at least two-thirds thereof 
may, with a view to the formation or conservation of forests thereon, represent in writing to the Collector 
their desire— 

(a) that such land be managed on their behalf by the Forest-officer as a reserved or a protected 

forest on such terms as may be mutually agreed upon; or 

(b) that all or any of the provisions of this Act be applied to such land. 

(2)  In  either  case,  the  1[State  Government]  may,  by  notification  in  the 1[Official  Gazette],  apply  to 
such  land  such  provisions  of  this  Act  as  it  thinks  suitable  to  the  circumstances  thereof  and  as  may  be 
desired by the applicants. 

STATE AMENDMENT 

Uttar Pradesh 

Amendment of section 38-A of Act XVI of 1927—In section 38-A of the principal Act: 

(1) for clause (b), the following shall be substituted: 

“(b)  ‘Forest’  means  a  tract  of  land  covered  with  trees,  shrubs,  bushes  or  woody  vegetation 
whether  of  natural  growth  or  planted  by  human  agency,  and  existing  or  being  maintained  with  or 
without human effort, or such tract of land on which such growth is likely to have an effect on the 
supply of timber, fuel, forest produce, or grazing facilities, or on climate, streamflow, protection of 
land from erosion or other such matters, and shall include— 

(i) land covered with stumps of trees of a forest 

(ii) land which is part of a forest or lies within it or was part of a forest or was lying within a 

forest on the first day of July, 1952; 

1. Subs. by the A.O. 1937, for “Local Official Gazette”. 

28 

                                                      
(iii)  such  pasture  land  waterlogged  or  cultivable  or  non-cultivable  land,  lying  within,  or 

adjacent to, a forest, as may be declared to be a forest by the State Government.” 

(2) after clause (b), the following shall be added as new clause (c) and (d): 

“(c) ‘Forest land’ means a land covered by a forest or intended to be utilized as a forest; and 

(d) ‘Prescribed’ means prescribed by rules made under this Act.”  

[Vide Uttar Pradesh Act XXI of 1960, s. 3] 

Amendment of section 38-F of Act XVI of 1927—In section 38-F of the principal Act, between the 

figure and letter “38-C”, and word “related” the words, figure and letters “or 38-H” shall be inserted. 

[Vide Uttar Pradesh Act XXI of 1960, s. 4] 

Amendment  of  Section  58-G  of  Act  XVI  of  1927- In Section 28- G of the principal Act, te word 
"and"  occurring  between  the  comma  and  the  figure  and  letter  "38-D"  shall  be  deleted  and  thereafter 
between the figure and letter "38-A" and the word "shall", the word, figure and letter "and 38- H" shall be 
inserted. 

[Vide Uttar Pradesh Act XXI of 1960, s. 5] 

Addition of new section 38-H to 38-M in Act XVI of 1927-After  Section 38-G of the principal Act, 

the following shall be added as new Sections 38-H to 38-M: 

“38-H. Power to take over management—(1) Whenever it appears to the State Government that 
the taking over of the management of any particular forest, or forest land, is necessary or expedient in 
the public interest or  in order to secure the proper management thereof, particularly with a view to 
ensure its planned development as a forest, it may by notification in the Official Gazette do so for all 
or  any  of the  said  purposes  for  such  period  not  exceeding  fifteen  years, as  may  be  specified in the 
notification. 

(2) No notification under sub-section (1) shall be issued until-  

 (a) after the issue of a notice by the Forest Officer to the claimant or the owner or tenure-
holder of the forest or forest forest land, as the case may be, affording him reasonable opportunity 
to show cause, within a period of not less than fourteen days from the date of service of the notice 
on  him  to  be  specified  in  such  notice,  why  management  of  the  forest  or  forest  land  specified 
therein be not taken over; and 

(b)  objection,  if  any,  have  been  heard  and  disposed  of  by  the  Forest  Officer  in the  manner 

prescribed. 
(3)  The  notice  referred  to  in  sub-section  (2)  shall  be  served  upon  the  person  concerned  in 

accordance with the provisions of Section 38-D. 

38.I. Consequences of Notification under Section 38-H. - The State Government shall, in respect of 

a forest, or forest land for which notification under Section 38-H has been issued- 

(i) place the forest, or forest-land, as the case may be with effect from the date of the notification, 
in  the  charge  of  a  Forest  Officer,  for  carrying  out  the  purposes  mentioned  in  the  notification,  and 
thereupon the provisions of Section 5 shall mutatis mutandis apply to such a forest or forest land, as 
the case may be; and 

(ii) be liable and pay to the claimant or the owner or the tenure-holder of the forest, or forest land, 
as  the  case  may  be,  the  balance  of  the  income,  if  any,  accruing  to  it  therefrom,  for  the  period 
commencing  from  the  date  of  notification  till  the  date  it  is  released  under  Section  38-L  after 
deducting  therefrom  such percentage  of  it,  not  exceeding  twenty,  as  may  be  prescribed,  for  cost  of 
management and the amount, if any spent by the State Government on its development. 

38-J. Payment in respect of forest already in possession of the State Government- In the case of 
forest, possession whereof was taken over by the State Government prior to the commencement of the 
Indian Forest (U.P. Amendment) Act, 1960, and the management whereof, is takenover in accordance 
with the provisions of Section 38-H, the State Government shall, in the absence of a contract between 

29 

 
the  State  Government  and  the  person  concerned  to  the  contrary,  be  liable  to  pay,  for  the  period 
commencing from the date of possession till the issue of the notification under the said section the 
balance of income accruing therefrom in accordance with the provisions of Section 38-I (ii) as if the 
provisions  of  the  aforesaid  Act  has  been in  force  at all  material  dates  and the  management  of  such 
forest  had  been  assumed  on  the  date  of  taking  over  possession  thereof;  anything  contained  in  any 
other law, custom, usage for the time being in force or contract to the contrary notwithstanding. 

38-K. Permission to cultivate areas lying within a forest or forest land taken over under this 
Act-  (1) The State Government may, where it is satisfied that it is necessary so to do in the public 
interest  on  the  application  of  the  person  whose  forest  or  forest  land,  as  the  case  may  be,  has  been 
taken over under Section 38-H, allow him to cultivate such part of it, not being in excess of one fifth 
of the total area of such forest or forest land, as the case may be, and such period, not being beyond 
the period of its management, as may be satisfied in the order granting the permission. 

(2) An application under sub-section (1) shall be submitted to the Forest Officer-incharge of the 
forest or the forest land, as the case may be, who shall forward the same, with his recommendations 
thereon, to the State Government. 

(3) The decision of the State Government on the application under sub-section (2) shall be final 

and be not questioned in any Court of law. 

38-L. Release of a forest or forest land from management-The State Government may, at any 
time by notification in the Official Gazette, release from its management any forest or forest land, as 
the case may be, takenover under Section 38-H and thereupon the forest or the forest land, as the case 
may  be,  shall ceases to  be  under  the  management  of  the  State  Government, and  the  liability  of the 
State Government in respect of the forest or the forest land, as the case may be, shall cease with effect 
from the date of release in the  notification. 

38-M. Powers to make  rules-  (1) The State Government may after previous publication in the 

Official Gazette, make rules to carry out the purposes of this Act. 

(2) In Particular and without prejudice to the generality of the foregoing power, such rules may-  

(a) provide for the items for which and the manner in which, the cost of  management shall be 

calculated;  

(b) prescribe the procedure for the hearing and disposal of objections under this Act; 

(c) prescribe the mode of management or development of the forest or the forest land taken 

over under this Act; 

(d)    prescribe  the  form  of  application  under  Section  38-K  and  the  particulars  that  must  be 

given therein; and 

(e) prescribe any other matters which are to be, and may be, prescribed under this Act. 

(3) All rules made under this Act shall, soon as may be after they are made, be laid before each 
House of the Legislature while it is in session, for a total period of fourteen days extending in its one 
session or more than one successive sessions and shall, unless some later date is appointed, take effect 
from the date of their publication in the official Gazette, subject to such modifications or annulments 
as the two Houses of the Legislature may agree to make; so however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done thereunder." 

[Vide Uttar Pradesh Act XXI of 1960, s. 6] 

Insertion of a new Chapter V-A in Act XVI of 1927- After Chapter V of the Indian Forest Act, 1927 
the following shall be added as a new chapter V-A: 

"CHAPTER V-A 
OF THE CONTROL OVER FORESTS OF CLAIMANTS 

38-A. Definition- In this Chapter unless there is anything repugnant in the subject or context: 

(a)  "Claimant"  as  respects  any  land  means  a  person  claiming  to  be  entitled  to  the  land  or  any 
interest  therein  acquired,  owned,  settled  or  possessed  or  purported  to  have  been  acquired,  owned, 

30 

 
settled  or  possessed  whether  under,  through  or  by  any  lease  or  licence  executed  prior  to  the 
commencement  of  the  U.P.  Zamindari  Abolition  and  Land  Reforms  Act,  1950,  or  under  and  in 
accordance with any provision of any enactment, including  

(b) “Forest" includes- 

any land covered by trees and shrubs, and 

(i) 
(ii)  pasture lands. 

38-B. Power to regulate or prohibit breaking or clearing, etc.-(1) The State Government may by 
notification  in  the  Official  Gazette  regulate  or  prohibit  in  any  forest  (situate  in  or  upon  any  land  of  a 
claimant) - 
(a) 
(b)    the firing or clearing of the vegetation; 
(c) 

  the breaking up or clearing of the land for cultivation or any other purpose; 

 the girdling or trapping of burning of any tree or the stripping off the bark 
 from any tree; 

(d)    the lopping and pollarding of trees: 
(e)    the cutting, sawing conversion or the removal of trees-where such regulation 

  or prohibition appears necessary- 

(i) 
(ii) 
(iii) 
(iv) 
(v) 

 for the conversation of trees and forests; or  
for the improvement of grazing;  or  
for the maintenance, increase and distribution of supply of fodder, timber or fuel, or 
 for the protection of land against erosion; or 
for subserving the interests of the general public. 

(2)  No notification shall be made under sub-section (1) until after the issue of a notice to the claimant 
of the land calling on him to show cause within a reasonable period, not less than fourteen days and not 
exceeding thirty days, to be specified in such notice, why such notification should not be made, and until 
objections, if any, and any evidence he may produce in support of the same, have been heard by an officer 
not below the rank of an Assistant Collector of the first class appointed in that behalf and considered by 
the State Government. 

(3) It shall be lawful for the State Government to make the notification under sub-section (1) either in 

respect of any particular forest or generally in respect of all forest situate in an area. 

38-C. Prohibition or regulation in emergent cases- Where it is proposed to issue a notification in 
respect of any forest or generally all the forests in any area under Section 38-B and the State Government 
is satisfied that immediate action is necessary to prevent the doing of all or any of the acts mentioned in 
clauses  (a)  to  (e)  of  sub-section  (1)  of  the  said  section,  it  may  by  notification  in  the  Official  Gazette 
prohibit the doing except as and in the manner specified, of such act in respect of that forest or, as the 
case may be, generally all forests situate in any area as may be specified and, thereupon,  no person shall,  
notwithstanding any claim, right, agreement, custom, usage or law to the contrary, do any of the said acts 
in such forest or forests until expiry of six months from the date of the notification and until the objection, 
if  any,  filed  in  pursuance  of  the  notice  under  sub-section  (2),  of  Section  33-B,  has  been  heard  and 
considered by the State Government. 

38-D. Service of notice- The notice under sub-section (2) of Section 38-D shall- 

(a) 

personally by delivering or tendering to his the notice, or  

 In case of a notification affecting an individual person (Not being a    corporation, firm or 
body of persons) be served on that person- 
(i) 
(ii)  by registered post, or 
(iii)  where  the  person cannot  be  found,  by  leaving  an  authentic  copy  of  the  notice with 
some adult male member or by affixing such copy in some conspicuous part of the 
premises  in  which  he  is  known  to  have  last  resided  or  carried  on  business  or 
personally worked for gain, and 

(b)    In the case of a notification of a general nature in relation to all forests in an area, be served 
by  publication  in  the  Official  Gazette  and  it  shall  not  be  necessary,  unless  the  State 
Government so directs, to serve the notice individually on the claimants. 

31 

 
38-E.  Application  of  Section  36  of  Act  XVI  of  1927-  The  provisions  of  Section  36  shall  mutatis 

mutandis apply to any regulation or prohibition notified under Section 38-B or 38-C. 

38-F. Penalties- Any person who- 

(i) 

fell,  girdles,  lops,  taps,  pollards  or  burns  any  tree  or  strips  off  the  bark  or  otherwise 
damages any tree, or breaks up or clears for cultivation or any other purpose, any land in the forest 
to which the notification under Section 38-B or 38-C relates, or 

(ii) 

sets  fire  to  such  forest,  or  kindles  a  fire  without  taking  all  reasonable  precautions  to 

prevent its spreading, or 

(iii)    permits cattle to damage any such tree, shall be punished with   imprisonment for a term 

which may extend to six months or with fine or 

     with both. 

38-G. Savings- The powers conferred by Sections 38-B, 38-C, and 38-D shall be in addition to and 
not in derogation of any other powers conferred on any authority by or under any other provision of this 
Act." 
[Vide Uttar Pradesh Act V of 1956, s. 2] 

Amendment of Section 38-D of Act XVI of 1927.- In Section 38-D of the Indian Forest Act, 1927 as 
amended in its application to Uttar Pradesh (hereinafter called the principal Act), for the word “and” and 
the comma preceding it in sub-clause (iii) of clause (a) semi-colon shall be substituted and thereafter the 
following new clause (aa) shall be inserted: 

“(aa)  In  case  of  a  notification  affecting  a  corporation  ,  firm  or  body  of  persons,  be  served  on  the 

manager, principal officer or agent thereof in the manner provided in clause (a); and”. 

[Vide Uttar Pradesh Act XI of 1964, s. 2] 

Amendment of section 38-F of Act XVI of 1927.—In section 38-F of the Principal Act, for clause 

(i) of following shall be substituted. 

"(i)  breaks  up  or  clears  any  land  for  cultivation  or  any  other  purpose,  fires  or  clears  any 
vegetation, girdles, taps, burns, lops, pollards, fells, cuts, saws, converts or removes any tree, or strips 
off the bark from any tree, in any forest in respect of which a notification under section 33-8 of 38-C 
or 38-H has been issued, or does any of the aforesaid acts in contravention of the provisions contained 
in sub-section (4) of section 38-H, or". 

[Vide Uttar Pradesh Act XI of 1964, s. 3] 

Amendment  of  section  38-H  of  Act  XVI  of  1927.—In  section  38-H  of  the principal Act,  after  sub-
section (3) the following shall be added as sub-section (4) thereof: 

"(4) No person shall, after the service of the notice referred to in sub-section (2), do or permit or 
cause to be done, save with the permission of the Forest Officer, any of the following acts on or in 
respect of such forest or forest land, namely-- 

(a) the breaking up or clearing of the land for cultivation or any other purpose; 

(b) the firing or clearing of the vegetation; 

(c) the girdling or tapping or burning of any tree or the stripping off of the bark from any tree; 

(d) the lopping or pollarding of trees; 

(e) the felling, cutting, sawing, conversion or removal of trees; 

until-- 

(i) where objections under clause (a) of sub-section (2) have been filed, the disposal thereof 
under clause (b) of that sub-section and thereafter, unless the objections have been allowed, for a 
further  period  of  six  months  or  the  publication  of  the  notification  under  sub-section  (1), 
whichever is earlier; 

32 

 
 
 
(ii) where no objections under clause (a) of sub-section (2) have been filed, the publication of 
the notification under sub-section (1) or the expiry of six months from the date of service of the 
notice, whichever is earlier." 

[Vide Uttar Pradesh Act XI of 1964, s. 4] 

CHAPTER VI 
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE 

39. Power to  impose  duty  on  timber  and  other forest-produce.—(1) The 1[Central Government] 

may levy a duty in such manner, at such places and at such rates as it may declare by notification in the            
2[Official Gazette] on all timber or other forest-produce— 

(a) which is produced in 3[the territories to which this Act extends], and in respect of which the 

4[Government] has any right; 

(b) Which is brought from any place outside 2[the territories to which this Act extends]: 

5* 
(2) In every case in which such duty is directed to be levied ad valorem, the  1[Central Government] 

* 

* 

* 

* 

may fix by like notification the value on which such duty shall be assessed. 

(3) All duties on timber or other forest-produce which, at the time when this Act comes into force in 
any territory, are levied therein under the authority of the 6[State Government], shall be deemed to be and 
to have been duly levied under the provisions of this Act. 

7[(4)  Notwithstanding  anything  in  this  section,  the  6[State  Government]  may,  until  provision  to  the 
contrary  is  made  by 8[Parliament],  continue  to  levy  any  duty  which  it  was  lawfully  levying  before  the 
commencement9 of 10[the Constitution], under this section as then in force: 

Provided that nothing in this sub-section authorises the levy of any duty which as between timber or 
other forest-produce of the 11[State] and similar produce of the locality outside the 11[State] discriminates 
in favour of the former, or which, in the case of timber or other forest-produce of localities outside the 
11[State], discriminates between timber or other forest-produce of one locality and similar timber or other 
forest-produce of another locality.] 

40. Limit not to apply to purchase money or royalty.—Nothing in this Chapter shall be deemed to 
limit the amount, if any, chargeable as purchase-money or royalty on any timber or other forest-produce, 
although  the  same  is  levied  on  such  timber  or  produce  while  in  transit,  in  the  same  manner  as  duty  is 
levied. 

OF THE CONTROL OF TIMBERANDO THER FOREST-PRODUCE IN TRANSIT 

CHAPTER VII 

41. Power to make rules to regulate transit of forest produce.—(1) The control of all rivers and 
their banks as regards the floating of timber, as well as the control of all timber and other forest-produce 
in transit  by  land  or  water,  is  vested in the  6[State  Government],  and it  may  make  rules  to  regulate the 
transit of all timber and other forest-produce. 

(2) In particular and without prejudice to the generality of the foregoing power such rules may— 

(a) prescribe the routes by which alone timber or other forest-produce may be imported, exported 

or moved into, from or within 12[the State]; 

1. Subs. by the A.O. 1937, for “L.G.”.  
2. Subs. by the A.O. 1937, for “Local Official Gazette”. 
3. Subs. by the A.O. (No. 3) 1956, for “Part A States and Part C States”. 
4. Subs. by the A.O. 1950, for “Crown”. 
5. The Proviso rep. by the A.O. 1937. 
6. Subs. by the A.O. 1950, for “Provincial Government”. 
7. Ins. by the A.O. 1937. 
8. Subs. by the A.O. 1950, for “the Central Legislature”. 
9. That is, 26th January, 1950. 
10. Subs. by the A.O. 1950, for the “Part III of the Government of India Act, 1935”. 
11. Subs. ibid., for “Province”. 
12. Subs. by the A.O. 1937, for “British India”. 

33 

 
 
 
 
 
 
 
                                                      
(b) prohibit the import or export or moving of such timber or other produce without a pass from 
an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of 
such pass; 

(c)  provide  for  the  issue,  production  and  return  of  such  passes  and  for  the  payment  of  fees 

therefore; 

(d)  provide  for  the  stoppage,  reporting,  examination  and  marking  of  timber  or  other  forest-
produce  in  transit,  in  respect  of  which  there  is  reason  to  believe  that  any  money  is  payable  to  the 
1[Government] on account of the price thereof, or on account of any duty, fee, royalty or charge due 
thereon, or, to which it is desirable for the purposes of this Act to affix a mark;  

(e) provide for the establishment and regulation of depots to which such timber or other produce 
shall be taken by those in charge of it for examination, or for the payment of such money, or in order 
that such marks may be affixed to it, and the conditions under which such timber or other produce 
shall be brought to, stored at and removed from such depots; 

(f) prohibit the closing up or obstructing of the channel or banks of any river used for the transit 
of timber or other forest-produce, and the throwing of grass, brushwood, branches or leaves into any 
such river or any act which may cause such river to be closed or obstructed; 

(g) provide for the prevention or removal of any obstruction of the channel or banks of any such 
river,  and  for  recovering  the  cost  of  such  prevention  or  removal  from  the  person  whose  acts  or 
negligence necessitated the same; 

(h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of 
saw-pits, the converting, cutting, burning, concealing or making of timber, the altering or effacing of 
any marks on the same, or the possession or carrying of marking hammers or other implements used 
for marking timber; 

(i) regulate the use of property marks for timber, and the registration of such marks; prescribe the 
time  for  which  such  registration  shall  hold  good;  limit  the  number  of  such  marks  that  may  be 
registered by any one person, and provide for the levy of fees for such registration. 

(3)  The State  Government  may  direct  that  any  rule  made  under  this  section  shall  not  apply  to  any 

specified class of timber or other forest-produce or to any specified local area.] 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of section  41.—In section 41 of the principal Act, after sub-section (2) the following 

new sub-sections shall be added, namely- 

“(2-A) The State Government may by notification in the Gazette delegate, either unconditionally 
or subject to such conditions as may be specified in the notification, to any Forest Officer, not below 
the rank of Conservator, the power to prescribe fees under clause (c) of sub-section (2). 

(2-B) Notwithstanding any judgment, decree or order of any court, any rule purporting to have 
been  made  by  a  Conservator  before  the  commencement  of  the  Indian  Forest  (Uttar  Pradesh 
Amendment) Act, 1965, prescribing fees to be paid in respect of passes specified in clause (b) of sub-
section (2) shall be deemed to have been made under a power delegated under sub-section (2-A) as if 
the provisions of sub-section (2-A) were always in force and the Conservator were duly authorised 
thereunder, and shall be deemed to be and always to have been valid, and shall continue in force until 
altered, repealed or amended by the State Government or a duly authorised Conservator, as the case 
may be: 

1. Subs. by the A.O. 1950, for “Crown”. 

34 

                                                      
Provided  that  nothing  in  this  sub-section  shall  be  deemed  to  authorise  the  prosecution  or 
punishment  of  any  person under  section 42 for  any  act  done before  the  commencement  of  the said 
Act." 

[Vide Uttar Pradesh Act XXIII of 1965, s. 13] 

Maharashtra 

Amendment of section 41 of Act XVI of 1927.—In section 41 of the Indian Forest act, 1927 (XVI of 
1927) in this application to the state of Maharashtra, in sub-section (2), after clause (h), the following new 
clause shall be inserted, namely:-- 

“(hh) regulate by grant of licences, within the forest limits or such distance therefrom not exceeding 
eight  kilometres  as  may  be  determined,  the  converting  or  cutting  of  timber  in  a  saw  mill,  and 
prescribe fees and conditions, subject to which such licences may be granted; 

[Vide Maharashtra Act XV of 1965, s. 2] 

Amendment of section 41 of Act XVI of 1927.—In section 41 of the Indian Forest act, 1927, in its 

application to the State of Maharashtra,-- 

(a) after sub-section (1), the following sub-section  shall be inserted; and shall be deemed to have 

been inserted, with effect from the 12th day of September,1960, namely:-- 

“(1A) Notwithstanding anything contained in any law for the time being in force, the State 
Government  may  make  rules  to  regulate    by  grant  of  licences,  within  the  forest  limits  or  such 
distance  therefrom  not  exceeding  eighty  kilometres  as  may  be  determined,  the  converting  or 
cutting  of  timer  in  a  saw  mill  and  prescribe  fees  and  conditions,  subject  to  which  such  licence 
may be granted, and the manner in which, and the authority to whom, an appeal against the order 
of refusal, suspension or revocation of a licence may filed.”; 

(b) in sub-section (2), clause (hh) shall be deleted, and shall be deemed to have been deleted, with 

effect from the 10th day of February, 1965. 

[Vide Maharashtra Act XXIII of 1984, s. 2] 

1[41A. Powers  of  Central  Government  as  to movements  of timber  across customs frontiers.—
Notwithstanding anything in section 41, the Central Government may make rules to prescribe the route by 
which  alone  timber  or  other  forest-produce  may  be  imported,  exported  or  moved  into  or  from2[the 
territories to which this Act extends] across any customs frontier as defined by the Central Government, 
and any rules made under section 41 shall have effect subject to the rules made under this section.] 

42. Penalty for breach of rules made under section 41.—(1) The 3[State Government] may by such 
rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six 
months, or fine which may extend to five hundred rupees, or both. 

(2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may 
be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation 
for resistance to lawful authority, or where the offender has been previously convicted of a like offence. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 42 of Act 16 of 1927.—In section 42 of the principal Act, in sub-section (1), 

for the words “two thousand rupees” the words “five thousand rupees” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 4]. 

1. Ins. by the A.O. 1937. 
2. Subs. by the A. O. (No. 3) 1956, for “Part A States and Part C States”.  
3. Subs. by the A.O. 1950, for “Provincial Government”. 

35 

 
 
                                                      
Jammu and Kashmir and Ladakh (UTs).— 

Section 42.- In sub-section (1), for the words “six months” and “five hundred rupees”, substitute the 

words “two years” and “twenty-five thousand rupees” respectively. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020.] 

Uttar Pradesh 

Amendment of section 42—In section 42 of the principal Act, for sub-section (1), the following sub-

section shall be substituted, namely:-- 

“(1) The State Government may by such rules prescribe as penalties for the contravention thereof 

imprisonment for a term which may extend to two years, or fine which may extend to five thousand 
rupees or both."] 

[Vide Uttar Pradesh Act 1 of 2001, s. 5] 

Uttarakhand 

Amendment of section 42.—In section 42 of the principal Act, in sub-section (1), or the words “six 
month, or fine which may extend to five hundred rupees” the words “two years, or fine which may extend 
to five thousand rupees” shall be substituted. 
[Vide Uttarakhand Act 10 of 2002, s. 5] 
Maharashtra 
Amendment  of  section  42  of  Act  XVI.—In section 42 of the principal Act, in sub-section (1), for the 
words “six months or with fine which may extend to five hundred rupees,” the words “one year or with 
fine which may extend to two thousand rupees,” shall  be substituted. 
[Vide Maharashtra Act VII of 1985, s. 6] 

43.  Government  and  Forest-officers  not  liable  for  damage  to  forest-produce  at  depot.  —The 
1[Government] shall not be responsible for any loss or damage which may occur in respect of any timber 
or other forest-produce while at a depot established under a rule made under section 41, or while detained 
elsewhere,  for the  purposes  of  this  Act;  and  no  Forest-officer  shall  be  responsible  for  any  such  loss  or 
damage, unless he causes such loss or damage negligently, maliciously or fraudulently. 

44. All persons bound to aid in case of accident at depot.—In case of any accident or emergency 
involving danger to any property at any such depot, every person employed at such depot, whether by the 
1[Government]  or  by  any  private  person,  shall  render  assistance  to  any  Forest-officer  or  Police-officer 
demanding his aid in averting such danger or securing such property from damage or loss. 

CHAPTER VIII 

OFTHE COLLECTIONOF DRIFTAND STRANDED TIMBER 
45.  Certain  kinds  of  timber  to  be  deemed  property  of  Government  until  title  thereto  proved, 

and may be collected accordingly.—(1) All timber found adrift, beached, stranded or sunk; 

all wood or timber bearing marks which have not been registered in accordance with the rules  made 
under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise; 
and 

in such areas as the 2[State Government] directs, all unmarked wood and timber; 

shall be deemed to be the property of Government, unless and untill any person establishes his right and 
title thereto, as provided in this Chapter. 

(2) Such timber may be collected by any forest-officer or other person entitled to collect the same by 
virtue of any rule made under s ion 51, and may be brought to any depot which the Forest-officer may 
notify as a depot for the reception of drift timber. 

(3)  The  2[State  Government]  may,  by  notification  in  the 3[Official  Gazette],  exempt  any  class  of 

timber from the provisions of this section. 

1. Subs. by the A.O. 1950, for “Crown”. 
2. Subs. by the A.O. 1950, for “Provincial Government”. 
3. Subs. by the A.O. 1937, for “Local Official Gazette”. 

36 

                                                      
46.  Notice  to  claimants  of  drift  timber.—Public  notice  shall  from  time  to  time  be  given  by  the 
Forest-officer of timber collected under section 45. Such notice shall contain a description of the timber, 
and shall require any person claiming the same to present to such officer, within a period not less than 
two months from the date of such notice, a written statement of such claim. 

47. Procedure  on claim  preferred  to  such  timber.—(1) When any such statement is presented as 
aforesaid, the Forest-officer may, after making such inquiry as he thinks fit, either reject the claim after 
recording his reasons for so doing, or deliver the timber to the claimant. 

(2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same 
to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts, 
and, retain the timber pending the receipt of an order from any such Court for its disposal. 

(3) Any person whose claim has been rejected under this section may, within three months from the 
date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person 
shall  recover  any  compensation  or  costs  against  the  1[Government],  or  against  any  Forest-officer,  on 
account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other 
person under this section. 

(4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has 

been delivered, or a suit has been brought, as provided in this section. 

48. Disposal of unclaimed timber.—If no such statement is presented as aforesaid, or if the claimant 
omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46, 
or on such claim having been so preferred by him and having been rejected, omits to institute a suit to 
recover  possession  of  such  timber  within  the  further period  fixed  by  section  47,  the  ownership of  such 
timber shall vest in the  1[Government], or, when such timber has been delivered to another person under 
section 47, in such other person free from all encumbrances not created by him. 

49. Government and its officers not liable for damage to such timber.—The 1[Government] shall 
not  be  responsible  for  any  loss  or  damage  which  may  occur  in  respect  of  any  timber  collected  under 
section 45, and no Forest-officer shall be responsible for any such loss or damage, unless he causes such 
loss or damage negligently, maliciously or fraudulently. 

50.  Payments  to  be  made  by  claimant  before  timber  is  delivered  to  him.—No  person  shall  be 
entitled to  recover  possession  of  any  timber  collected  or  delivered  as  aforesaid until  he  has paid  to the 
Forest-officer or other person entitled to receive if such sum on account thereof as may be due under any 
rule made under section 51. 

51.  Power  to  make  rules  and  prescribe  penalties.—(1)  The  State  Government  1 [may,  by 

notification in the Official Gazette, make rules] to regulate the following matters, namely:— 
(a) the salving, collection and disposal of all timber mentioned in section 45; 
(b) the use and registration of boats used in salving and collecting timber; 
(c) the amounts to be paid for salving, collecting,  moving, storing or disposing of such timber; 

and 

(d) the use and registration of hammers and other instruments to be used for marking such timber. 
2[(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after 

it is made, before the State Legislature.] 

(2)  The 3[State  Government]  may  prescribe,  as  penalties  for  the  contravention  of  any  rules  made 
under this section, imprisonment for a term which may extend to six months, or fine which may extend to 
five hundred rupees, or both. 

1. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “may make rules”. 
2. Ins. by s. 2 and the Schedule, ibid. 
3. Subs. by the A.O. 1950, for “Provincial Government”. 

37 

 
 
                                                      
Jammu and Kashmir and Ladakh (UTs).— 

STATE AMENDMENT 

Section  51.-In  sub-section  (2),  for  the  words  “six  months,  or  with  fine  which  may  extend  to  five 
hundred rupees”, substitute the words “two years, or with fine which may extend to twenty-five thousand 
rupees”. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Tripura 

Insertion of new section 51A. —After section 51 of the principal Act the following section shall be 

inserted, namely :— 

51A.—Power to regulate manufacture and preparation of articles based on forest produce.—(1) 
the State Government may make rules,—(a) to provide for the establishment, and regulation by licence, 
permit or otherwise (and the payment of fees therefor), of saw mills and other units including factories 
engaged in the manufacture of preparation of the following articles: — 

(i) Katha (Catechu) or Kuth out of Khair wood; 

(ii) plywood, veneer and wood-panel products; 

(iii) preparation of matchboxes and match splints; 

(iv) boxes including packing cases made out of wood; 

(v) such other articles based on forest produce as the State Government may, by notification in 

the Official Gazette, from time to time, specify; 

(b) to provide for the regulation by licence, permit or otherwise, of procurement of raw materials 
for the preparation of the article mentioned in clause (a), the payment and deposit of fees therefor and 
for due compliance of the conditions thereof, the forfeiture of the fee so deposited or any part thereof 
for contravention of any such condition, and the adjudication of such forfeiture by such authority as 
the State Government may, by notification in the Official Gazette, specify. 

(2) The State Government may prescribe, as penalties for the contravention of any rules made under 
this section, imprisonment for a term which may extend to six months, or fine which may extend to five 
hundred rupees or both. 

[Vide Tripura Act 10 of 1984, s. 4]. 

CHAPTER IX 

PENALTIES AND PROCEDURE 

 52. Seizure of property liable to confiscation.—(1) When there is reason to believe that a forest-
offence has been committed in respect of any forest-produce, such produce, together with all tools, boats, 
carts or cattle used in committing any such offence, maybe seized by any Forest-officer or Police-officer. 

(2)  Every  officer  seizing  any  property  under  this  section  shall  place  on  such  property  a  mark 
indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to 
the Magistrate having jurisdiction to try the offence on account of which the seizure has been made: 

Provided that, when the forest-produce with respect to which such offence is believed to have been 
committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer 
makes, as soon as may be, a report of the circumstances to his official superior. 

Maharashtra 

STATE AMENDMENT 

Amendment of section 52 of Act 16 of 1927.—In section 52 of the principal Act,— 

(a) sub-section (1A) shall be deleted; 

38 

 
(b) in the marginal note, the words “and forfeiture” shall be deleted. 

[Vide Maharashtra Act 21 of 2015, s. 5]. 

Tripura  

Amendment of section 52.—In sub-section (1) of section 52 of the principal Act, the words “carts or 

cattle”, the words and mark “carts, vehicles or cattle” shall be substituted. 

[Vide Tripura Act 10 of 1984, s. 5]. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 52.-Substitute section 52 with the following section, namely:– 

“52. Seizure of property liable to confiscation and procedure thereof.– (1) When there is reason 
to  believe  that  a  forest  offence  has  been  committed  in  respect  of  any  reserved  forest,  protected  forest, 
village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment, 
ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be 
seized by a Forest Officer or Police Officer. 

(2) Every officer seizing any property under this section shall place on such property a mark indicating 
that the same has been so seized and shall, as soon as may be, make a report of such seizure before an 
officer  not  below  the  rank  of  the  Divisional  Forest  Officer  (hereinafter  referred  to  as  the  ‘authorised 
officer’): 

Provided  that  when  the  forest  produce  with  respect  to  which  such  offence  is  believed  to  have  been 
committed  is  the  property  of  the  Government  and  the  offender  is  unknown,  it  shall  be  sufficient  if  the 
officer makes, as soon as may be, a report of the circumstances to his official superior. 

(3)  Subject  to  sub-section  (5),  where  the  authorised  officer  upon  receipt  of  report  about  seizure,  is 
satisfied that a forest offence has been committed in respect thereof, he may, by order in writing and for 
reasons  to  be  recorded,  confiscate  forest  produce  so  seized  together  with  all  tools,  arms,  boats,  carts, 
equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing such offence 
and a copy of the order of confiscation shall be forwarded without any undue delay to the person from 
whom the property is seized and to the Conservator of Forest Circle in which the forest produce, tools, 
arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article as the case may 
be, has been seized. 

(4)  No  order  confiscating  any  property  shall  be  made  under  sub-section  (3)  unless  the  authorised 

officer,– 

(a) sends an intimation in writing about initiation of proceedings for confiscation of the property to 

the Magistrate having jurisdiction to try the offence on account of which the seizure has been made; 

(b)  issues  a  notice  in  writing  to  the  person  from  whom  the  property  is  seized  and  to  any  other 

person who may, in the opinion of the authorised officer to have some interest in such property; 

(c) affords an opportunity to the persons referred to in clause (b) of making a representation within 

such reasonable time as may be specified in the notice against the proposed confiscation; and 

(d)  gives  to  the  officer  effecting  the  seizure  and  the  person  or  persons  to  whom  notice  has  been 

issued under clause (b), a hearing on date to be fixed for such purpose. 

(5) No order of confiscation under sub-section (3) of any tools, arms, boats, carts, equipment, ropes, 
chains, machines, vehicles, cattle or any other article (other than timber or forest produce seized) shall be 
made  if  any  person  referred  to  in  clause  (b)  of  sub-section  (4)  proves  to  the  satisfaction  of  authorised 
officer that any such tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any 
other  article  were  used  without  his  knowledge  or  connivance  or,  as  the  case  may  be,  without  the 

39 

 
 
 
 
knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had 
been taken against the use of objects aforesaid for commission of forest offence. 

(6) Where the cattle are involved in the commission of a forest offence, the same after seizure by any 
officer, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce 
the same when required in case there is no cattle pound within a radius of five kilometres from the place 
of such offence: 

Provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a Forest 
Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of 
offence for the owner to come forward to claim the cattle within seven days from the date when such 
publicity has been given, may dispose them of by public auction. 

(7) The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the chargesto 

be levied for the upkeep and fee of the cattle. 

Insertion of section 52A to 52D.– After section 52, insert the following sections, namely:– 

52A. Revision before Court of Sessions against order of confiscation.–(1) Any party aggrieved by 
an order of confiscation under section 52 may within thirty days of the order or if facts of the confiscation 
have not been communicated to him, within thirty days of knowledge of such order submit a petition for 
revision to the Court of Sessions Division whereof the headquarters of Authorised Officer are situated. 

Explanation  I.–In  computing  the  period  of  thirty  days  under  this  sub-section,  the  time  required  for 

obtaining certified copy of the order of Authorised Officer shall be excluded. 

Explanation II.–For the purposes of this sub-section a party shall be deemed to have knowledge of the 
order  of  confiscation  under  section  52  on  publication  of  such  order  in  two  daily  newspapers  having 
circulation in the State. 

(2) The Court of Sessions may confirm, reverse or modify any final order of confiscation passed by 

the Authorised Officer. 

(3)  Copies  of  the  order passed in revision  shall  be  sent to the  Authorised  Officer for  compliance  or 
passing such further order or for taking such further orders or for taking such further action as may be 
directed by such Court. 

(4) For entertaining, hearing and deciding a revision under this section, the Court of Sessions shall, as 
far as may be, exercise the same powers and follow the same procedure as it exercises and follows while 
entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973. 

(5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 
1974)  the  order  of  Court  of  Sessions  passed  under  this  section  shall  be  final  and  shall  not  be  called  in 
question before any Court. 

52B. Bar to jurisdiction of Courts etc. under certain circumstances.–(1) On receipt of report under 
sub-section  (4)  of  Section  52  about  intimation  of  proceedings  for  confiscation  of  property  by  the 
Magistrate  having  jurisdiction  to  try  the  offence  on  account  of  which  the  seizure  of  property  which  is 
subject  matter  of  confiscation,  has  been  made,  no  Court,  Tribunal  or  Authority  other  than  Authorised 
Officer and Court of Sessions referred to in sections 52 and 52A shall have jurisdiction to make orders 
with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings 
for confiscation are initiated under section 52, notwithstanding anything to the contrary contained in this 
Act, or any other law for the time being in force. 

Explanation.–Where  under  any  law  for  the  time  being  in  force,  two  or  more  Courts  have 
jurisdiction to try the forest offences, then receipt of intimation under sub-section (4) of section 52 by 
one of the Courts shall operate as bar to exercise jurisdiction on all such other Courts.  

40 

 
 
 
 
 
 
 
 
(2) Nothing in sub-section (1) shall affect the power saved under section 61 of the Act. 

52C. Power of search and seizure.–(1) Any Forest Officer or Police Officer may, if he has reason to 
believe  that  a  vehicle  has been  or is  being  used  for  the  transport  of  forest  produce  in respect  of  which 
there is reason to believe that a forest offence has been or is being committed, require the driver or other 
person  in  charge  of  such  vehicle  to  stop  the  vehicle  and  cause  it  to  remain  stationary  as  long  as  may 
reasonably  be  necessary  to  examine  the  contents  in  the  vehicle  and  inspect  all  records  relating  to  the 
goods carried which are in the possession of such driver or other person in charge of the vehicle. 

(2) Any forest officer not below the rank of Range officer, having reasonable grounds to believe that 
forest produce is, in contravention of the provisions of this Act, in the possession of a person in any place, 
may enter such place with the object of carrying out a search for the forest produce and its confiscation: 

Provided that such search shall not be conducted otherwise than in accordance with the provisions 

of the Code of Criminal Procedure, 1973. 

52D. Penalty for forcibly opposing seizure.—Whosoever opposes the seizure of any forest-produce, 
tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article liable to 
be  seized  under  this  Act,  or  forcibly  receives  the  same  after  seizure,  shall  be  punishable  with 
imprisonment for a term which may extend to two years or with fine which may extend to twenty five 
thousand rupees, or with both. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No.  S.O.  1123(E)  dated  (18-3-2020)  Vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Tripura 

Insertion of new section.—After Section 52 of the Principal Act, the following new section shall 

be inserted, namely:--  

52A.  Confiscation  of  saw  mill  etc.—(1)  Where  a  Saw  Mill  is  established,  maintained  or  operated 
without  a  licence  or  without  renewal  of  a  licence  the  authorised  officer  may  order  confiscation  of  the 
stock of wood together with whole or portion of the plants, machinery, implements, tools, and equipments 
of the Saw Mill. 

(2)  Where  the  authorised  officer  seizes  under  sub-section  (1)  of  Section  52  any  forest  produce  or 
where any such property is produced before the authorised officer after seizure by any Forest Officer and 
he is satisfied that a forest offence has been committed in respect of such property, such authorised officer 
may, whether or not a prosecution instituted for the commission of such forest offence, order confiscation 
of  the  property  so  seized  together  with  all  tools,  equipments,  ropes,  chains,  boats,  carts,  vehicles  and 
cattle used in committing such offence. 

(3) No order confiscating any property shall be made under Sub-Section (1) or Sub-section (2) unless 
the  person  from  whom  the  property  is  seized  and  in  case  the  owner  of  such  property  is  known,  such 
person is given— 

(a)  a  notice  in  writing  informing  him  the  grounds  on  which  it  is  proposed  to  confiscate  such 

property; 

(b)  an  opportunity  of  making  representation  in  writing  within  such  reasonable  time  as  may  be 

specified in the notice against the grounds for confiscation; and 

(c) a reasonable opportunity of being heard in the matter. 

(4)  Any  Forest  Officer  not  below  the  rank  of  Conservator  of  Forsts  empowered  by  the  State 
Government in this behalf by notification, may within 30 days from the date of order of confiscation by 
the authorised officer under sub-section (1) or sub-section (2) either suo-moto or on application, call for 
and examine the records of that order and may make such inquiry or cause such inquiry to be made and 
pass orders as he may think fit. 

41 

 
 
 
 
 
Provided that no order prejudical to any person shall be passed without giving him an opportunity of 

being heard. 

(5) Any persons aggrieved by an order passed under sub-sections (l), (2) or (4) may within thirty days 
from the date of communication to him of such order, appeal to the District Court having jurisdiction over 
the area in which the property has been seized and the District Court shall after giving an opportunity to 
the parties to be heard; pass such order as it may think fit and the order of the District Court so passed 
shall  be  final.  Where  an  order  of  confiscation  of  any  property  passed  under  sub-section  (1)  or               
sub-section  (2)  or  sub-section  (4)  has  become  final  in  respect  of  the  whole  or  any  portion  of  such 
property; such property or the portion there of; as the case may be shall vest in the State Government free 
from all encumbrances. 

Explanation.—For the purposes of this section authorised officer means an officer not below the rank 

of Assistant Conservator of Forest authorised by the State Government by notification.  

[Vide the Tripura Act 8 of 1987, s. 3] 

Uttar Pradesh 

Amendment of section 52—In section 52 of the principal Act, — 

(i) in sub-section (1), for the words "vehicles or cattle" the words "vehicles, cattle, ropes, chains or 

other articles" shall be substituted; 

(ii) for sub-section (2), the following sub-sections shall be substituted, namely-- 

"(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle has 
been,  or  is  being,  used  for  the  transport  of  any  forest  produce  in  respect  of  which  a  forest  offence  has 
been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, 
and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in 
such  boat  or  vehicle  and  to  inspect  the  records  relating  to  the  goods  transported  so  as  to  ascertain  the 
claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and 
legal origin of the forest produce in question. 

(3)  Every  officer  seizing  any  property  under  this  section  shall  place  on  such  property  a  mark 
indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to 
the Magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if 
the seizure is in respect of forest produce which is the property of the State Government, shall also make 
a report to the authorised officer."] 

[Vide Uttar Pradesh Act 1 of 2001, s. 6] 

Amendment of Sections 52, 53 and 55 of Act XVI of 1927-  In sub-section (1) of Section 52 and 
Section  53  and  55  of  the  principal  Act,  for  the  word  "  Carts"  wherever  occurring  the  word  "Vehicles" 
shall be substituted.  

[Vide Uttar Pradesh Act XXI of 1960, s. 7] 

Insertion of new sections 52-A, 52-B, 52-C and 52-D— 

52-A.  procedure  on seizure—(1) Notwithstanding anything contained in this Act or any other law 
for the time being in force where a forest offence is believed to have been committed in respect of any 
forest produce, which is the property of the State Government, the officer seizing the property under sub-
section (1) of section 52 shall, without unreasonable delay, produce it together with all the tools, boats, 
vehicles,  cattle,  ropes,  chains  and  other  articles  used  in  committing  the  offence,  before  an  officer,  not 
below  the  rank  of  a  Divisional  Forest  Officer,  authorised  by  the  State  Government  in  this  behalf,  who 
may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, 
disposal  or  distribution  of such  property,  and  in  case  of  tools,  boats,  vehicles, cattle,  ropes,  chains  and 
other articles, may also confiscate them. 

42 

(2) The authorised  officer shall,  without  any  undue  delay,  forward  a  copy  of  the  order  made  under 

sub-section (1) to his official superior. 

(3)  Where  the  authorised  officer  passing  an  order  under  subsection  (1)  is  of  the  opinion  that  the 
property is subject to speedy and natural decay he may order the property or any part thereof to be sold by 
public auction and may deal with the proceeds as he would have dealt with such property if it had not 
been sold and shall report about every such sale to his official superior. 

(4) No order under sub-section (1) shall be made without giving notice, in writing, to the person from 
whom the property is seized, and to any other person who may appear to the authorised officer to have 
some interest in such property: 

Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing 

to the registered owner thereof and considering his objections if any will suffice. 

(5)  No  order  of  confiscation  of  any  tool,  boat,  vehicle,  cattle,  rope,  chain  or  other  article  shall  be 
made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer that 
any  such  tool,  boat,  vehicle,  cattle,  rope,  chain  or  other  article  was  used  without  his  knowledge  or 
connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that 
all  reasonable  recautions had  been  taken  against use of the  objects  aforesaid for  the  commission  of  the 
forest offence. 

52-B. Appeal—Any person aggrieved by an order of confiscation may, with in thirty days of the date 
of  Communication  to  him  of  such  order,  prefer  an  appeal  to  the  State  Government  and  the  State 
Government shall, after giving an opportunity of being heard to the appellant and the authorised officer 
pass such order as it may think fit confirming, modifying or annulling the order appealed against and the 
order of the State Government shall be final. 

52-C.  Order  of confiscation not 

to  prevent  any  other  punishment—No  order  of 
confiscation under section  52-A  or  52-B  shall  prevent  the  indication  of  any  punishment  to  which  the 
person affected thereby may be liable under this Act. 

52-D.  Bar  of  jurisdiction in certain  cases—Notwithstanding anything to the contrary contained in 
this  Act  or  in  the  code  of  Criminal  Procedure,  1973  or  in  any  other  law  for  the  time  being  in  force, 
whenever  any  forest  produce  belonging  to  the  State  Government  together  with any  tool,  boat,  vehicle, 
cattle,  rope,  chain  or  other  article  is  seized  under  sub-section  (1)  of  section  52,  the  authorised  officer 
under section 52-A or the State Government under section 52-B shall have jurisdiction, to the exclusion 
of every other officer, court, Tribunal or authority, to make orders with regard to the custody, possession, 
delivery, disposal or distribution of the property."] 

[Vide Uttar Pradesh Act 1 of 2001, s. 7] 

Uttarakhand 

Amendment of section 52.—In section 52 of the Principal Act— 

(i) in sub-section (1), for the words "carts or cattle" the words "vehicles, cattle, ropes, chains or 

other articles" shall be substituted; 

(ii) for sub-section (2), the following sub-sections shall be substituted, namely:-- 

"(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle 
has been, or is being, used for the transport of any forest produce in respect of which a forest offence 
has been, or is being, committed, require the driver or other person in charge of such boat or vehicle 
to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine 
the contents in such boat or vehicle and to inspect the records relating to the goods transported so as 
to ascertain the claims, if any, of the driver or other person in charge of such boat or vehicle regarding 
the ownership and legal origin of the forest produce in question. 

(3)  Every  officer  seizing  any  property  under  this  section  shall  place  on  such  property  a  mark 
indicating  that  the  same  has  been  so  seized  and  shall,  as  soon  as  may  be,  make  a  report  of  such 
seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has 

43 

been  made,  and  if  the  seizure  is  in  respect  of  forest  produce  which  is  the  property  of  the  State 
Government, shall also make a report to the authorised officer.". 

[Vide Uttarakhand Act 10 of 2002, s. 6] 

Insertion  of  new  section  52-A,  52-B,    52-C  and  52-D.—After  section  52  of  the  principal  Act,  the 
following sections shall be inserted, namely:-- 

52-A. Procedure on  seizure.--(1)  Notwithstanding  anything  contained  in  this  Act  or  any  other 
law for the time being in force, where a forest offence is believed to have been committed in respect 
of any forest produce, which is the property of the State Government, the officer seizing the property 
under sub-section (1) of Section 52 shall, without unreasonable delay, produce it together with all the 
tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence before an 
officer, not below the rank of a Divisional Forest Officer, authorised by the State Government in this 
behalf,  who  may,  for  reasons  to  be  recorded,  make  an  order  in  writing  with  regard  to  custody, 
possession, delivery,  disposal  or  distribution  of  such property,  and in case  of tools,  boats,  vehicles, 
cattle, ropes, chains and other articles, may also confiscate them. 

(2) The authorised officer shall, without any undue delay, forward a copy of the order made under 

sub-section (1) to his official superior. 

(3) Where the authorised officer passing an order under sub-section (1) is of the opinion that the 
property is subject to speedy and natural decay he may order the property or any part thereof to be 
sold by public auction and may deal with the proceeds as he would have dealt with such property if it 
had not been sold and shall report about every sale to his official superior. 

(4) No order under sub-section (1) shall be made without giving notice, in writing, to the person 
from whom the property is seized, and to any other person who may appear to the authorised officer 
to have some interest in such property : 

Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in 

writing to the registered owner thereof and considering his objections if any will suffice. 

(5) No order of confiscation of any tool, boat, vehicle, cattle, ropes, chain or other article shall be 
made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer 
that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or 
connivance or without the knowledge or connivance of his servant or agent, as the case may be, and 
that all reasonable precautions had been taken against use of the objects aforesaid for the commission 
of the forest offence. 

52-B. Appeal.--Any person aggrieved by an order of confiscation may, within thirty days of the 
date  of  communication  to  him  of  such  order,  prefer  an  appeal  to  the  Conservator  of  Forests  of  the 
circle who shall, after giving an opportunity of being heard to the appellant and the authorised officer, 
pass such order as it may think fit confirming, modifying or annulling the order appealed against and 
the order of the Conservator of Forests of the circle shall be final. 

52-C. Order  of  confiscation not to  prevent  any other  punishment.--No order of confiscation 
under Section 52-A  or  52-B  shall  prevent  the  infliction  of  any  punishment  to  which  the  person 
affected thereby may be liable under this Act. 

52-D. Bar of Jurisdiction in certain cases.--Notwithstanding anything to the contrary contained 
in this Act or in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, 
whenever any forest produce belonging to the State Government together with any tool, boat, vehicle, 
cattle, rope, chain or other article is seized under sub-section (1) of Section 52, the authorised officer 
under  Section  52-A  or  the  State  Government  under  Section  52-B  shall  have  jurisdiction,  to  the 
exclusion  of  every  other  officer,  court,  Tribunal  or  authority,  to  make  orders  with  regard  to  the 
custody, possession, delivery, disposal or distribution of the property.". 

[Vide Uttarakhand Act 10 of 2002, s. 7] 

44 

 
 
Amendment of section 52 of Act XVI of 1927.—In section 52 of the principal act,-- 

(a) after sub-section (1), the following sub-section shall be inserted namely :- 

"(1A)  Any  Forest  Officer  or  Police  Officer  may,  if  he  has  reason  to  believe  that  a  vehicle  has 
been or is being used for the transport of forest produce in respect of which there is reason to believe 
a forest offence has been or is being committed, require the driver or other person in charge of such 
vehicle  to  stop  the  vehicle  and  cause  it  to  remain  stationary  as  long  as  may  be  reasonably  be 
necessary to examine the contents in the vehicle and inspect all records relating to the goods carried 
which are in the possession of such driver or other person in charge of the vehicle"; 

(b)  in  sub-section  (2)  after  the  words  "on  such  property,"  the  words  and  brackets  "or  the 

receptacle or vehicle (if any) in which it is contained," shall be inserted; 

(ii) after the proviso, the following shall be added, namely :- 

"Provided  further  that,  where  the  offence  on  account  of  which  the  seizure  has  been  made  in 
respect of timber, sandalwood, firewood, charcoal or such other forest produce as may be notified by 
the State Government, from time to time (hereinafter referred to as the "notified forest produce") and 
which is the property of the State Government, such officer shall make a report of such seizure also to 
the concerned authorised officer under section 61A. 

Explanation.-For  the  purposes  of  this  Chapter,  the  expression  "property  of  Government"  and 
"property  of  the  State  Government"  include  the  property  belonging  to  the  Forest  Development 
Corporation of Maharashtra, Limited";’ 

(c) in the marginal note, for the word "confiscation" the words "confiscation and forfeiture" shall 

be substituted.” 

[Vide Maharashtra Act VII of 1985, s. 7] 

Maharashtra 

Amendment of sections 52, 53 and 55 Act XVI of 1927.—In sections 52, 53 and 55 of the Indian Forest 
Act,  1927  (XVI  of  1927),  for  the  word  “carts”,  wherever  it  occurs,  the  word  “vehicles”  shall  be 
substituted. 

[Vide Maharashtra Act XXV of 1953, s. 2] 

53. Power to release property seized under section 52. —Any Forest-officer of a rank not inferior to 
that of a Ranger who, or whose subordinate, has seized any tools, boats, carts or cattle under section 52, 
may release the same on the execution by the owner thereof a bond for the production of the property so 
released, if and when so required, before the Magistrate having jurisdiction to try the offence on account 
of which the seizure has been made. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 53.-For section 53, substitute the following section, namely:– 

STATE AMENDMENT 

“53.  Power  to  release  property  seized  under  section  52.-  Any  forest  officer  of  a  rank  not 
inferior  to  that  of  a  Range  Officer,  who,  or  whose  subordinate,  has  seized  any  tools,  arms,  boats, 
carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any 
forest offence, including the forest produce, under section 52, may release the same on the execution 
by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value 
of such property, as estimated by such officer, for the production of the property so released when so 
required  by  the  Magistrate  having  jurisdiction  to  try  the  offence  or  by  the  authorised  officer 
empowered under sub-section (2) of section 52, on account of which the seizure has been made: 

Provided that when any forest produce is seized at a remote location from where it is not practicable to 
transport it immediately, the officer who, or whose subordinate has effected such seizure under section 
52, may entrust the same (Supardnama) to any responsible person on the execution of a bond thereof, by 

45 

 
such person, for the production of the property so entrusted if and when required by the Magistrate having 
jurisdiction to try the offence or before the authorised officer empowered under sub-section (2) of section 
52, on account of which the seizure has been made.” 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 

Orissa 

Amendment of sections 52 and 53, (16 of 1927).—In section 52 and 53 of the said Act, for the word 

“carts” wherever it occurs the word “vehicle” shall be substituted. 

[Vide the Orissa Act 11 of 1954, s. 3] 

Tripura 

Amendment  of  section  53.—In  section  53  of the  principal  Act,  for  the  words “carts  or  cattle”,  the 

words and mark “carts, vehicles or cattle” shall be substituted. 

[Vide the Tripura Act 10 of 1984, s. 6] 

Uttar Pradesh 

Amendment of section 53—In section 53 of the principal Act,-- 

(i) for the words "vehicles or cattle" the words "vehicles, cattle, ropes, chains or other articles" 

shall be substituted. 

(ii)  after  the  words  "the  seizure  has  been  made"  the  words  "except  in  respect  of  cases  falling 
under  section  52-A  for  which  the  procedure  laid  down  in  that  section  shall  be  followed"  shall  be 
inserted.] 

[Vide Uttar Pradesh Act 1 of 2001, s. 8] 

Uttarakhand 

Amendment of section 53.-In section 53 of the principal Act,-- 

(i) or the words "carts or cattle" the words "vehicle, cattle, ropes, chains or other articles" shall be 

substituted; 

(ii)  after  the  words  "the  seizure  has  been  made"  the  words  "except  in  respect  of  cases  falling 
under  Section  52-A  for  which  the  procedure  laid  down  in  that  section  shall  be  followed"  shall  be 
inserted. 

[Vide Uttarakhand Act 10 of 2002, s. 8] 

Maharashtra 

Amendment  of  section 53  of  Act  XVI  of  1927.—In section 53 of the principal Act, for the words 
and figures "under section 52, may release" the words, figures and letter "under section 52 may, subject to 
section 61G, release" shall be substituted. 

[Vide Maharashtra Act VII of 1985, s. 8] 

Maharashtra 

Amendment  of  sections  52,53  and  55  Act  XVI  of  1927.—In sections 52, 53 and 55 of the Indian 
Forest Act, 1927 (XVI of 1927), for the word “carts”, wherever it occurs, the word “vehicles” shall be 
substituted. 

[Vide Maharashtra Act XXV of 1953, s. 2] 

54.  Procedure  thereupon.—Upon  the  receipt  of  any  such  report,  the  Magistrate  shall,  with  all 
convenient is despatch, take such measures as may be necessary for the arrest and trial of the offender and 
the disposal of the property according to law. 

46 

 
 
Jammu and Kashmir and Ladakh (UTs).— 

Section 54.-For section 54, substitute the following section, namely:- 

STATE AMENDMENT 

“54. Receipt of report of seizure by Magistrate and procedure thereupon.- Upon the receipt 
of any report under sub-section (4) of section 52, the Magistrate shall, with all convenient dispatch, 
take such measures as may be necessary for the arrest and trial of the offender and the disposal of the 
property according to law: 

Provided  that  before  passing  any  order  for  disposal  of  property  the  Magistrate  shall  satisfy 
himself that no intimation under sub-section (4) of section 52 has been received by his court or by any 
other court having jurisdiction to try the offence on account of which the seizure of property has been 
made.” 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Maharashtra 

Substitution  of  section  54  of  Act  XVI  of  1927.—For  section  54  of  the  principal  act,  the  following 
section shall be substituted, namely:- 

“54. Procedure on receipt by Magistrate of report of seizure.— Upon the receipt of any report 
under  sub-section  (4)  of  section  52,  the  Magistrate  shall,  with  all  convenient  dispatch,  take  such 
measures as may be necessary for the arrest and trial of the offender and the disposal of the property 
according to law: 

[Vide Maharashtra Act VII of 1985, s. 9] 

55.  Forest-produce,  tools,  etc.,  when  liable  to  confiscation.—(1)  All  timber  or  forest-produce 
which is not the property of 1[Government] and in respect of which a forest-offence has been committed, 
and all tools, boats, carts and cattle used in committing any forest-offence, shall be liable to confiscation. 

(2) Such confiscation may be in addition to any other punishment prescribed for such offence. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 55 of Act 16 of 1927.—In section 55 of the principal Act,— 

(a) in sub-section (1), for the words “shall be liable by order of the convicting court to forfeiture” the 

words “shall be liable to confiscation” shall be substituted; 

(b) in sub-section (2), for the word “forfeiture” the word “confiscation” shall be substituted; 

(c) in the marginal note, for the word “forfeiture” the word “confiscation” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 6] 

Jammu and Kashmir and Ladakh (UTs).— 

Section 55.– For sub-section (1), substitute the following sub-section:– 

(1) All timber or forest produce which in either case is not the property of the Government and in 
respect  of  which  a  forest  offence  has  been  committed,  and  all  tools,  arms,  boats,  carts,  equipment, 
ropes,  chains,  machines,  vehicles,  cattle  or  any  other  article,  in  each  case  used  in  committing  any 
forest  offence  shall,  subject to the  provisions  of  section  52,  52A  and  52B,  be  liable  to  confiscation 
upon conviction of the offender for such offence. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020.)] 

1. Subs. by the A.O. 1950, for “Crown”. 

47 

 
 
                                                      
Uttar Pradesh 

Amendment  of  section  55—In  section  55  of  the  principal  Act,  in  sub-section  (1)  for  the  words 
“vehicle and cattle used in committing any forest offence” the words “vehicles, cattle, ropes, chains and 
other articles used in committing such forest office” shall be substituted. 

[Vide Uttar Pradesh Act 1 of 2001, s. 9] 

Uttarakhand  

Amendment  of  section  55.—In  section  55  of  the  principal  Act,  in  sub-section  (1)  for  the  words 
“Carts  and  cattle  used  in  committing  any  forest  offence”  the  words  “vehicles,  cattle,  ropes,  chains  and 
other articles used in committing forest offence” shall be substituted. 

[Vide Uttarakhand 10 of 2002, s. 9] 
Maharashtra 

Amendment of section 55 of Act XVI of 1927.—In section 55 of the principal Act,-- 

(a) in sub-section (1), for the words “shall be liable to confiscation,” the words, figures and letter 
“shall,  subject  to  section  61G,  be  liable  by  order  of  the  convicting  court  to  forfeiture.”,  shall  be 
substituted; 

(b) in sub-section (2), for the word “confiscation” the word “forfeiture” shall be substituted; 

(c) in the marginal note, for the word “confiscation” the word “forefeiture” shall be substituted. 

[Vide Maharashtra Act VII of 1985, s. 10] 

Maharashtra 

Amendment of sections 52,53 and 55 Act XVI of 1927.—In sections 52, 53 and 55 of the Indian Forest 
Act,  1927  (XVI  of  1927),  for  the  word  “carts”,  wherever  it  occurs,  the  word  “vehicles”  shall  be 
substituted. 

[Vide Maharashtra Act XXV of 1953, s. 2] 

56.  Disposal  on  conclusion  of  trial  for  forest-offence,  of  produce  in  respect  of  which  it  was 
committed. —When the trial of any forest-offence is concluded, any forest-produce in respect of which 
such offence has been committed shall, if it is the property of 1[Government] or has been confiscated, be 
taken  charge  of  by  a  Forest-officer,  and,  in  any  other  case,  may  be  disposed  of  in  such  manner  as  the 
Court may direct. 

Maharashtra 

STATE AMENDMENTS 

Amendment  of  section  56  of  Act  16  of  1927.—In  section  56  of  the  principal  Act,  for  the  word 

“forfeited” the word “confiscated” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 7]. 

Jammu and Kashmir and Ladakh (UTs).— 

Section  56.-For  the  words  “When  the  trial  of”,  substitute  the  words,  figures  and  letter,  “Without 

prejudice to the provisions of section 52C, when the trial of”. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No.  S.O.  1123(E)  dated  (18-3-2020)  Vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Maharashtra 

Amendment of section 56 of Act XVI of 1927.—In section 56 of the principal Act,-- 

(a) for the word “confiscated” the word “forefeited” shall be substituted; 

(b) for the words “in any other case, may be disposed of” the words, figures and letters “in any 

other may, subject to section 61G, be disposed of” shall be substituted. 

48 

[Vide Maharashtra Act VII of 1985, s. 11] 

57. Procedure when offender not known or cannot be found.—When the offender is not known or 
cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in 
respect  of  which  the  offence  has  been  committed  to  be  confiscated  and  taken  charge  of  by  the  Forest-
officer or to be made over to the person whom the Magistrate deems to be entitled to the same: 

Provided that no such order shall be made until the expiration of one month from the date of seizing 
such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, 
which he may produce in support of his claim. 

STATE AMENDMENTS 

Maharashtra 

Amendment  of  section  57  of  Act  16  of  1927.—In  section  57  of  the–principal  Act,  for  the  word 

“forfeited” the word “confiscated” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 8]. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 57.-For section 57, substitute the following section, namely:– 

“57. Procedure when the offender is not known or cannot be found.–When the offender is not 
known or cannot be found the Magistrate may, if he finds that an offence has been committed, but 
subject  to  section  52B,  order  the  property  in  respect  of  which  offence  has  been  committed,  to  be 
confiscated or forfeited together with all tools, arms, boats, carts, equipment, ropes, chains, machines, 
vehicles, cattle or any other article used in committing the offence, and taken charge of by the Forest 
officer, or to be made over to the person whom the Magistrate deems to be entitled to the same: 

Provided that, no such order shall be made until the expiration of one month from the date of seizing 
such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, 
which he may produce in support of his claim.” 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Uttar Pradesh 

Amendment of section 57—In section 57 of the principal Act, for the words “The Magistrate may” 

the words “the Magistrate, subject  to section 52-D may.” shall be substituted. 

[Vide Uttar Pradesh Act 1 of 2001, s. 10] 

Uttarakhand 

Amendment of section 57.—In section 57 of the principal Act, for the words “The Magistrate may” 

the words “The Magistrate, subject to section 52-D, may” shall be substituted. 

[Vide Uttarakhand Act 10 of 2002, s. 10] 

Maharashtra 

Amendment  of  section  57  of  Act  XVI  of  1927.—In  section  57  of  the  principal  Act,  for  the  portion 
beginning  with  the  words  “the  Magistrate  may”  and  ending  with  the  words  “to  be  confiscated”  the 
following shall be substituted, namely:-- 

 “the Magistrate may, if he finds that an offence has been committed, but subject to section 61G, 
order the property in respect of which  the offence has been committed, to be forfeited together with 
tools, boats, vehicles or cattle and other articles used in committing the offence.”. 

[Vide Maharashtra act VII of 1985, s. 12] 

58.  Procedure  as  to  perishable  property  seized  under  section  52.—The  Magistrate  may, 
notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 

49 

and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such 
property if it had not been sold. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 58.-For section 58, substitute the following section, namely:– 

STATE AMENDMENT 

58. Procedure as to perishable property seized under section 52.  — The Authorised Officer 
under  sub-section  (2)  of  section  52,  or  the  Magistrate  may,  notwithstanding  anything  hereinbefore 
contained, direct the sale of any property seized under section 52 and subject to speedy and natural 
decay, and may deal with the proceeds as he would have dealt had it not been sold. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Uttar Pradesh 

Amendment of section 58—Ins section 58 of the principal Act, for the words “The Magistrate may, 
notwithstanding  anything  hereinbefore  contained,”  the  words  “Notwithstanding  anything  hereinbefore 
contained, but subject to sub-section (3) of section 52-A, the Magistrate may,” shall be substituted. 
[Vide Uttar Pradesh Act 1 of 2001, s. 11] 
Uttarakhand 

Amendment of section 58.—In section 58 of the principal Act for the words “The Magistrate may, 
notwithstanding  anything  herein  before  contained,”  the  words,  “Notwithstanding  anything  hereinbefore 
contained, but subject to sub-section (3) of section 52-A, the magistrate may” Shall be substituted. 
[Vide Uttarakhand Act 10 of 2002, s. 11] 
Maharashtra 

Substitution of section 58 of Act XVI of 1927.—For section 58 of the principal Act, the following 

section shall be substituted namely:-- 

“58.  Procedure  as  to  perishable  seized  under  section  52.—The  Forest-officer  who  made  the 
seizure under section 52 may, notwithstanding anything contained in this Act or any other law, sell 
any property seized under section 52 and subject to speedy and natural decay, and may deal with the 
proceeds  as  he  would  have  dealt  with  such  property  if  it  had  not  been  sold  and  shall  report  about 
every such sale to his official superior.”. 

[Vide Maharashtra Act VII of 1985, s. 13] 

59.  Appeal  from  orders  under  section  55,  section  56  or  section  57.—The officer who made the 
seizure under section 52, or any of his official superiors, or any person claiming to be interested in the 
property so seized, may, within one month from the date of any order passed under section 55, section 56 
or  section  57,  appeal  therefrom  to  the  Court  to  which  orders  made  by  such  Magistrate  are  ordinarily 
appealable, and the order passed on such appeal shall be final. 

60. Property when to vest in 1[Government].—When an order for the confiscation of any property 
has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 
for an appeal from such order has elapsed, and no such appeal has been preferred, or when on such an 
appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of 
such property, such property or such portion thereof, as the case may be, shall vest in the  1[Government] 
free from all incumbrances. 

STATE AMENDMENTS 

Maharashtra 

Amendment  of  section  60  of  Act  16  of  1927.—In  section  60  of  the  principal  Act,  for  the  word 

“forfeiture” the word “confiscation” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 9] 

1. Subs. by the A.O. 1950, for “Crown”. 

50 

                                                      
Jammu and Kashmir and Ladakh (UTs).— 

Section  60.—Renumbered  as  sub-section  (2)  thereof,  and,  before  sub-section  (2)  as  so  renumbered, 

insert the following sub-section, namely:– 

(1)  Property  ordered to  be  confiscated  by  an authorised  officer  under section  52,  subject  to  the 
result of revision before Court of Sessions under section 52A shall upon conclusion of proceedings in 
revision, vest in the Government free from all encumbrances:  

Provided  that  if  no  revision  is  preferred  under  section  52A,  such  vesting  shall  take  effect  on 

expiry of period specified for the submitting petition for revision under section 52A. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Uttar Pradesh 

Amendment of section 60—Section 60 of the principal Act shall be renumbered as sub-section (1) 

thereof and ‘after sub-section (1) as so renumbered the following sub-section shall be inserted, namely:- 

“(2)  When  an  order  for  confiscation  has  been  passed  under  section  52-A  and  the  period  of 
limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when 
in  appeal  or  revision  the  order  for  confiscation  for  whole  or  a  portion  of  the  property  has  been 
confirmed, the property or such portion, as the case may be, shall vest in the State Government free 
from all encumbrances.”] 

[Vide Uttar Pradesh Act 1 of 2001, s. 12] 

Maharashtra 

Amendment  of  section  60  of  Act  XVI  of  1927.—In  section  60  of  the  principal  act,  for  the  words 
“confiscation” the word “forfeiture” shall be substituted. 

[Vide Maharashtra act VII of 1985, s. 14] 

Uttarkhand 

Amendment of section 60.— Section 60 of the principal Act shall be renumbered as sub-section (1) 

thereof and after sub-section (1) as so renumbered the following sub-section shall be inserted, namely:-- 

"(2)  When  an  order  for  confiscation  has  been  passed  under  Section  52-A  and  the  period  of 
limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when 
an  appeal  or  revision  the  order  for  confiscation  for  whole  or  a  portion  of  the  property  has  been 
confirmed, the property or such portion, as the case may be, shall vest in the State Government free 
from all encumbrances.". 

[Vide Uttaranchal Act 24 of 2014, s. 12] 

61. Saving of power to release property seized.—Nothing hereinbefore contained shall be deemed 
to prevent any officer empowered in this behalf by the 1[State Government] from directing at any time the 
immediate release of any property seized under section 52. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 61A of Act XVI of 1927.—In section 61A of the principal Act,— 

(a) for sub-section (3), the following sub-section shall be substituted:— 

“(3) Where any timber, sandalwood, firewood, charcoal or any other notified forest-produce, which is 

the  property  of  the  State  Government,  is  seized  under  sub-section  (1)  of  section  52,  or  any  such                    
forest-produce is produced before any authorised officer under sub-section (1) and he is satisfied that a 

1. Subs. by the A.O. 1950, for “Provincial Government”.  

51 

                                                      
forest-offence  has  been  committed  in  respect  of  such  forest-produce,  notwithstanding  whether  or  not  a 
prosecution is instituted for the commission of such offence, such authorised officer shall order the forest-
produce so seized to be taken charge of by a Forest-officer, and may order confiscation of all tools, boats, 
vehicles and cattles used in committing such offence.”; 

(b) in sub-section (4),— 

(i) for clause (a), the following clause shall be substituted, namely:— 

“(a) where the authorised officer, after passing an order of confiscation under sub-section (3), is of the 
opinion that it is expedient in the public interest so to do, he may order sale of all confiscated tools, boats, 
vehicles and cattles.”; 

(ii) in clause (b),— 

(1) the words “property or the” shall be deleted; 

(2) for the word “auction” the word “sale” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 10] 

Amendment of section 61B of Act 16 of 1927.—In section 61B of the principal Act,— 

(a) in sub-section (1), the words “any timber, sandalwood, firewood, charcoal or any other notified 

forest-produce,” shall be deleted; 

(b) after sub-section (2), the following sub-section shall be added, namely:— 

“(3) When the offender or the owner of any tool, boat, vehicle or cattle seized under, sub-section (1) 
of  section  52  is  not  known  or  cannot  to  found,  and  the  authorised  officer  is  satisfied  that  the  same  has 
been  used  in  committing  a  forest-offence  in  respect  of  timber,  fire-wood,  sandalwood,  charcoal  or  any 
other  notified  forest-produce  which  is  the  property  of  the  State  Government,  notwithstanding  anything 
contained  in  the  foregoing  provisions,  the  authorised  officer  may  pass  order  in  accordance  with  the 
provisions contained in section 61A: 

Provided that, no such order shall be made until the expiration of a period of thirty days form the date 

of seizing such property or without hearing the person claiming any right thereto.”. 

[Vide Maharashtra Act 21 of 2015, s. 11]. 

Substitution of section 61F of Act 16 of 1927.—For section 61F of the principal Act, the following 

section shall substituted, namely:— 

61F. Property etc. confiscated when to vest in Government.—When an order for confiscation of 
any property has been passed under section 61A or section 61C, and the period of limitation provided by 
section 61D for filing an appeal against such order has elapsed, and no such appeal has been preferred or 
when on such an appeal being preferred, the Appellate Court confirms such order in respect, of the whole 
or a portion of such property, such property of such portion thereof, or if it has been sold under section 58 
or under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall 
vest in the State Government free from all encumbrances.”. 

[Vide Maharashtra Act 21 of 2015, s. 12]. 

Amendment of section 61G of Act 16 of 1927.—In section 61G of the principal Act, for the word 

“offence” the words “forest-offence in respect of such property” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 13] 

Uttar Pradesh 

Insertion  of  new  sections  61-B  and  61-C-After  section  61-A  of  the  principal  Act,  the  following 

sections shall be inserted namely:- 

"61-B.  Summary eviction of  unauthorised  occupants—(1)  If  a  Forest  Officer,  not  below  the 
rank of a Divisional Forest officer, is of the opinion that any person is in unauthorised occupation of 
any land in areas constituted as a reserved or protected forest under section 20 or section 29 as the 

52 

cases may be, and that he should be evicted, the Forest Officer shall issue a notice in writing calling 
upon the person concerned to show cause, on or before such date as is specified in the notice, why an 
order of eviction should not be made. 

(2) If after considering the cause, if any, shown in pursuance of a notice under this section, the 
Forest Officer is satisfied that the said land is in unauthorised occupation he may make an order of 
eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, 
as may be specified in the order, by the person concerned, which shall not be less than ten days from 
the date of the order. 

(3) If any person refuses or fails to comply with the order of eviction by the date specified in the 
order, the Forest Officer who made the order under sub-section (2) or any other Forest Officer, duly 
authorised by him in this behalf, may evict that person from and take possession of the said land and 
may, for this purpose, use such force as may be necessary. 

(4)  Any  person aggrieved by  an  order  of  the  Forest  Officer  under  sub-section  (2)  may,  within 
such period and in such manner as may be prescribed, appeal against such order to the Conservator of 
Forests of the circle or to such officer as may be authorised by the State Government in this behalf 
and the order of the Forest Officer shall, subject to the decision in such appeal, be final. 

61-C. Disposal of Property left on land by unauthorised occupant—(1) Where any person has 
been evicted from any land under section 61-B, the Forest Officer may, after giving not less than ten 
days notice to the person from whom possession of the land has been taken, remove or cause to be 
removed or dispose of, by public auction, any property remaining on such land including any material 
of a demolished building or standing crop. 

(2)  Where  any  property  is  sold  under  sub-section  (1)  the  sale  proceeds  thereof  shall,  after 
deducting  the  expenses  of  the  sale  and  the  expenses  necessary  to  restore  the  land  to  its  original 
condition, be paid to the person concerned."] 

[Vide Uttar Pradesh Act 1 of 2001, s. 13] 
Addition of new section 61-A. –After section 61 of the principal Act, the following new section shall be 
added, namely— 

61-A. Summary eviction of persons  convicted of certain offences.—Where a Court convicts 
any person of an offencesunder  clause   (a), clause (b) or clause (h) of  sub-section (1) of section 26 
of clause (c) or clause (h) of sub-section  
(1)  of    section    33,      it      may,  when  passing  judgment, 
direct the eviction of  such person from any land in respect of which the offence has been committed. 

(2)  Any  court  of  appeal  or  or  revision  may  direct  any  order  under  sub-section  (1)  passed  by  a 
Court subordinate there to be stayed pending consideration by the former Court and may modify, alter 
or annul such order.” 

[Vide Uttar Pradesh Act XXIII of 1965, s. 14] 
Uttarakhand 

Insertion  of  new  sections  61-A  and  51-B.—After  section  61-A  of  the  principal  act,  the  following 
sections shall be inserted, namely:- 

"61-A. Summary eviction of unauthorised occupants.--(1) If a Forest Officer, not below the rank 
of a Divisional Forest Officer, is of the opinion that any person is in unauthorised occupation of any land 
in areas constituted as a reserved or protected forest under Section 20 or Section 29, as the case may be, 
and that he should be evicted, the Forest Officer shall issue a notice in writing calling upon the person 
concerned to show cause, on or before such date as is specified in the notice, why an order of eviction 
should not be made. 

(2) If after considering the cause, if any, shown in pursuance of a notice under this section, the Forest 
Officer is satisfied that the said land is in unauthorised occupation, he may make an order of eviction for 
reasons  to  be  recorded  therein,  directing  that  the  said  land  shall  be  vacated  by  such  date,  as  may  be 

53 

specified in the order, by the person concerned, which shall not be less than ten days from the date of the 
order. 

(3)  If  any  person  refuses  or  fails  to  comply  with  the  order  of  eviction  by  the  date  specified  in  the 
order,  the  Forest  Officer  who  made  the  order  under  sub-section  (2)  or  any  other  Forest  Officer,  duly 
authorised by him in this behalf, may evict that person from and take possession of the said land and may, 
for this purpose, use such force as may be necessary. 

(4) Any person aggrieved by an order of the Forest Officer under sub-section (2)  may, within such 
period and in such manner as may be prescribed, appeal against such order to the Conservator of Forests 
of the circle or to such officer as may be authorised by the State Government in this behalf and the order 
of the Forest Officer shall, subject to the decision in such appeal, be final. 

61-B.  Disposal  of  property  left  on  land  by  unauthorised  occupant.--(1)  Where  any  person  has 
been evicted from any land under Section 61-B, the Forest Officer may, after giving not less than ten days 
notice to the person from whom possession of the land has been taken remove or cause to be removed or 
dispose  of,  by  public  auction,  any  property  remaining  on  such  land  including  any  material  of  a 
demolished building or standing crop. 

(2) Where any property is sold under sub-section (1) the sale proceeds thereof shall, after deducting 
the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to 
the person concerned.". 

[Vide Uttarakhand Act 10 of 2002, s. 13] 

Maharashtra 

Amendment of section 61 of Act XVI of 1927.—In section 61 of the principal act, for the words and 

figures “seized under section 52” the following shall be substituted, namely:- 

“seized under section 52 which is not the property of Government and the withdrawal of any charge 
made in respect of such property.”. 

[Vide Maharashtra Act VII of 1985, s. 15] 

Insertion  of  section  61A  of  61G  in  act  XVI  of  1927.—After  section  61  of  the  principal  act,  the 
following sections shall be inserted namely:-- 

“61A. Confiscation by Forest officer of forest produce where forest offence is believed to have 
been committed.-(1) Notwithstanding anything contained in the foregoing provisions of this Chapter or 
any  other  law,  where  a  forest  offence  is  believed  to  have  been  committed  in  respect  of  timber, 
sandalwood,  firewood,  charcoal  or  any  other  notified  forest  produce  which  is  the  property  of  State 
Government,  the  officer  seizing  the  property  under  sub-section  (1)  of  section  52  shall,  without  any 
unreasonable delay produce it, together with all tools, boats, vehicles and cattle used in committing such 
offence, before an officer authorised by the State Government in this behalf by notification in the Official 
Gazette, not being an officer below the rank of an Assistant Conservator of Forests (hereinafter referred to 
as "the authorised officer"). 

(2) The  State  Government may  authorize  one or  more  officers  for any  local  area  under  sub-section 

(1). 

(3) Where an authorised officer seizes under sub-section (1) of section 52 any timber, sandalwood, 
firewood, charcoal or any other notified forest produce which is the property of the State Government or 
any such property is produced before an authorised officer under sub-section (1) and he is satisfied that a 
forest offence has been committed in respect of such property, such authorised officer may, whether or 
not  a  prosecution  is  instituted  for  the  commission  of  such  forest  offence,  order  confiscation  of  the 
property so seized together with all tools, boats, vehicles and cattle used in committing such offence. 

(4)      (a) Where the authorised officer, after passing an order of confiscation under sub-section (3), is 
of the opinion that it is expedient in the public interest so to do, he may order the confiscated property or 
any part thereof and the tools, boats, vehicles and cattle to be sold by public auction, 

54 

   (b) Where any confiscated property or the tools, boats, vehicles and cattle are sold, aforesaid, the 
proceeds thereof, after deduction of the expenses of any such auction or other incidental expenses relating 
thereto shall, where the order of confiscation made under this section is set aside or annulled by an order 
under section 61C or 61D, be paid to the owner thereof or to the person from whom it was seized as may 
be specified in such order. 

61B. Issue of show cause notice before confiscation under section 61A.-(1) No order confiscating 
any timber, sandalwood, firewood, charcoal or any other notified forest produce, tools, boats, vehicles or 
cattle shall be made under section 61A except after notice in writing to the person from whom it is seized 
and considering his objections, if any : 

Provided  that  no  order  confiscating  a  motor  vehicle  shall  be  made  except  after  giving  notice  in 
writing to the registered owner thereof, if in the opinion of the authorised officer it is practicable to do so, 
and considering his objections, if any. 

(2) Without prejudice to the provisions of sub-section (1), no order confiscating a tool, boat, vehicle 
or cattle shall be made under section 61A if the owner of the tool, boat, vehicle or cattle proves to the 
satisfaction  of  the  authorised  officer  that  it  was  used  in  carrying  the  timber,  sandalwood,  firewood, 
charcoal or any other notified forest produce without the knowledge or connivance of the owner himself, 
his agent, if any, and the person in charge of the tool, boat, vehicle or cattle and that each of them had 
taken all reasonable and necessary precautions against such use. 

61C.  Revision.-Any  Forest  Officer  not  below  the  rank  of  Conservator  of  Forests  specially 
empowered by the State Government in this behalf by notification in the Official Gazette, may suo motu 
call for and examine the record of the order of the authorised officer under section 61 A; and may make 
such inquiry or cause such inquiry to be made and may pass such orders as he deems fit : 

Provided  that  no  such  record  shall  be  called  for  after  the  expiry  of  30  days  from  the  date  of  such 
order, and no order under this section shall be passed if in the meanwhile, an appeal has been filed under 
section 61D against the order of the authorised officer : 

Provided further that no order prejudicial to a person shall be passed under this section without giving 

him an opportunity of being heard. 

61D. Appeal.-(1) Any person aggrieved by any order passed under section 61A or section 61C may, 
within  thirty  days  from  the  date  of  communication  to  him  of  such  order,  appeal  to  the  Sessions  Judge 
having jurisdiction over the area in which the property and the tools, boats, vehicles and cattle to which 
the order relates has been seized and the Sessions Judge shall, after giving an opportunity to the appellant 
and the authorised officer or the officer specially empowered under section 61C, as the case may be, to be 
heard, pass such order as he may think fit confirming, modifying or annulling the order appealed against. 

(2) An order of the Session Judge under sub-section (1) shall be final and shall not be questioned in 

any Court. 

61E.  Award  of  confiscation  not  to  interfere  with  other  punishments.-The  award  of  any 
confiscation  under  section  61A  or  section  61C  or  section  61D  shall  not  prevent  the  infliction  of  any 
punishment  to  which  the person  affected  thereby  is  liable  under  this  Act  or  any  other  law  for  the  time 
being in force. 

61F.  Property  etc., confiscated when  to  vest  in  Government.-When  an  order  for  confiscation  of 
any property or any tools, boats, vehicles or cattle is passed under section 61A or section 61C or Section 
61D  and  such  order  has  become  final  in  respect  of  the  whole  or  any portion of  such  property,  or  tool, 
boat, vehicle or cattle, such property or portion thereof or tool, boat vehicle or cattle or if it has been sold 
under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall vest 
in the State Government free from all encumbrances. 

61G. Bar of jurisdiction in certain cases.-Whenever any timber, sandalwood, firewood, charcoal or 
any other notified forest produce which is the property of the State Government, together with any tool, 
boat, vehicle or cattle used in committing any offence is seized under sub-section (1) of section 52, the 
authorised  officer  under  section  61A  or  the  officer  specially  empowered  under  section  61C  or  the 

55 

Sessions  Judge  hearing  the  appeal  under  section  61D  shall  have,  and  notwithstanding  anything  to  the 
contrary contained in this Act or in the Code of Criminal Procedure, 1973, or in any other law for the time 
being in force, any other officer, Court, Tribunal or authority shall not have, jurisdiction to make orders 
with  regard  to the  custody,  possession,  delivery,  disposal  or  distribution  of  such  property  and  any  tool, 
boat, vehicle or cattle." 

[Vide Maharashtra Act VII of 1985, s. 16] 

62.  Punishment  for  wrongful  seizure.—Any  Forest-officer  or  Police-officer  who  vexatiously  and 
unnecessarily  seizes  any  property  on  pretence  of  seizing  property  liable  to  confiscation  under  this  Act 
shall be punishable  with imprisonment  for a term  which  may  extend  to  six  months,  or  with  fine  which 
may extend to five hundred rupees, or with both. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 62 of Act 16 of 1927.—In section 62 of the principal Act, in sub-section (1), 

the words “or forfeiture” shall be deleted. 

[Vide Maharashtra Act 21 of 2015, s. 14] 

Maharashtra 

Amendment of section 62 of Act XVI of 1927.—Section 62 of the principal act shall be re-numbered as 
sub-section (1) thereof and,-- 

(a) in sub-section (1) as so re-numbered, for the word “confiscation” the words “confiscation or 

forfeiture” shall be substituted. 

(b) after sub-section (1) as so re-numbered, the following sub-section shall be added, namely:- 

“(2) Any fine so imposed, or any portion thereof, shall, if the convicting court so directs, be given 

as compensation to the person aggrieved by such seizure.” 

[Vide Maharashtra Act VII of 1985, s. 17] 

63.  Penalty  for  counterfeiting  or  defacing  marks  on  trees  and  timber  and  for  altering 
boundary-marks,—Whoever, with intent to cause damage or injury to the public or to any person, or to 
cause wrongful gain as defined in the Indian Penal Code (45 of 1860),—  

(a)  knowingly  counterfeits  upon  any  timber  or  standing  tree  a  mark  used  by  Forest-officers  to 
indicate that such timber or tree is the property of the 1[Government] or of some person, or that it may 
lawfully be cut or removed by some person; or 

(b)  alters,  defaces  or  obliterates  any  such  mark  placed  on  a  tree  or  on  timber  by  or  under  the 

authority of a Forest-officer; or 

(c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the 

provisions of this Act are applied, 

shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with 
both. 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

Section  63.-For  the  words,  “or  with  fine”,  substitute  the  words  “or  with  fine  which  may  extend  to 

twenty-five thousand rupees”. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

1. Subs. by the A.O. 1950, for “Crown”. 

56 

                                                      
64. Power to arrest without warrant.—(1) Any Forest-officer or Police-officer may, without orders 
from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of 
his having been concerned in any forest-offence punishable with imprisonment for one month or upwards. 

(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to 
the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate 
having jurisdiction in the case, or to the officer in charge of the nearest police-station. 

(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence 

under Chapter IV unless such act has been prohibited under clause (c) of section 30. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 64A.-After section 64, insert the following section, namely:- 

STATE AMENDMENT 

64A.  Offences  non-bailable.-Notwithstanding  anything  contained  in  this  Act  or  in  the  Code  of 
Criminal Procedure, 1973 (2 of 1974), all offences under this Act other than those compoundable under 
section 68 shall be non-bailable. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central 
Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Maharashtra 

Amendment  of  section  64  of  Act  XVI  of  1927.—In section  on 64 of the principal act, in sub-
section (1), for the words “Any Forest Officer or Police Officer”, the words “Any Forest Officer, Police 
Officer or Revenue Officer” shall be substituted. 
[Vide Maharashtra Act VI of 961, s. 10] 

65. Power to release on a bond a person arrested.—Any Forest-officer of a rank not interior to that 
of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may 
release  such  person  on  his  executing  a  bond  to  appear,  if  and  when  so  required,  before  the  Magistrate 
having jurisdiction in the case, or before the officer in charge of the nearest police station. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 65A of Act 16 of 1927.—In section 65A of the principal Act, in clause (b), 

for  the  words,  figures,  brackets  and  letters  “Section  26,  clauses  (a),  (b),  (f),  (g),  (h)  and  (i)  of                          
sub-section (1)”, the words, figures, brackets and letters “Section 26, clauses (a), (b), (d), (f), (g), (h) and 
(i) of sub-section (1) and sub-section (4)” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 15] 

Jammu and Kashmir and Ladakh (UTs).— 

Section 65A and 65B.-After section 65, insert the following sections, namely:– 

65A.Requisition for police assistance.-Any forest officer may requisition the services of any police 
officer to assist him for all or any of the purposes specified in sections 52, 63 and 64 and it shall be the 
duty of every such officer to comply with such requisition. 

65B.  Police  officers  bound  to  seek  technical  clearance  from  Authorized  Officer.-Any  police 
officer seizing any property under the provisions of this Act or rules framed there under shall be bound to 
seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52 
of this Act. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 

57 

 
 
 
 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Uttar Pradesh 

Insertion of new section 65-A—After section 65 of the principal Act, the following section shall be 

inserted, namely:— 

“65-A.  Certain offences to  be  non-bailable—(1)  Notwithstanding  anything  contained  in  this 
Act or in the Code of Criminal Procedure, 1973 any offence punishable under section 26, or section 
33 or section 42 or section 63 shall be non-bailable. 

(2) No person accused of any offence as aforesaid shall, if in custody, be released on application 

for released on bail or on his own bond unless— 

(a) the prosecution has been given an opportunity to oppose the application for such release, 

and 

(b) Where the prosecution opposes the application as aforesaid the court is satisfied that there 

are reasonable grounds for believing that he is not guilty of such offence."] 

[Vide Uttar Pradesh Act 1 of 2001, s. 14] 

Uttarakhand 

Insertion  of  new  section  65-A.—After  section  65  of  the  principal  Act,  the following  sections shall  be 
inserted, namely:-- 

"65-A.  Certain  offences  to  be  non-bailable.--(1)  Notwithstanding  anything  contained  in  this 
Act or in the Code of Criminal Procedure, 1973, any offence punishable under Section 26 or Section 
33 or Section 42 or Section 63 shall be non-bailable. 

(2) No person accused of any offence as aforesaid shall, if in custody, be released on bail or on 

his own bond unless-- 

(a) the prosecution has been given an opportunity to oppose the application for such release, 

and 

(b) where the prosecution opposes the application as aforesaid, the court is satisfied that there 

are reasonable grounds for believing that he is not guilty of such offences.". 

[Vide Uttaranchal Act 10 of 2002, s. 14] 

Maharashtra 

Amendment of section 65 of Act XVI of 1927.— In section 65 of the principal Act, for the words “a 
Ranger” the words “a Ranger, any Police Officer” of a rank not inferior to that of Sub-Inspector or any 
Revenue Officer of a rank not inferior to that of Mahalkari or Tahsildar” shall be substituted. 

[Vide Maharashtra Act VI of 1961, s. 11] 

Maharashtra 

Amendment  of  section  65  of  Act  XVI  of  1927.—In section 65 of the principal act, for the words 
“may  release  such  person”  the  words,  figures  and  letter  “may,  subject  to  and  without  prejudice  to  the 
provisions of section 65A, release such person” shall be substituted. 

[Vide Maharashtra Act VII of 1985, s. 18] 

Insertion of section 65A in Act XVI of 1927.—After section 65 of the principal Act, the following 

section shall be inserted, namely:-- 

"65A. Certain offences to be non-bailable.-Notwithstanding anything contained in this Act or 

in the Code of Criminal Procedure, 1973,- 

(a) The offences under sections or clauses of sections mentioned in clause (b) shall be non-

bailable. 

58 

(b) The sections and clauses of sections of this Act referred to in clause (a) are the following, 

namely :-Section 26, clauses (a), (b), (f), (g), (h) and (i) of sub section (1). 

Section 33, clauses (a), (b), (c), (d), (f) and (h) of sub-section (1). 

Section 42. 

Section 63. 

(c) No person accused of any offence referred to in clause (b) shall, if in custody, be released 

on bail or on his own bond unless,- 

(i)  the  prosecution  has  been  given  an  opportunity  to  oppose  the  application  for  such 

release, and 

(ii)  where  the  prosecution  opposes  the  application,  the  Court  is  satisfied  that  there  are 

reasonable grounds for believing that he is not guilty of such offence.". 

[Vide Maharashtra Act VII of  2985, s. 19] 

66.  Power  to  prevent  commission  of  offence.—Every  Forest-officer  and  Police-officer  shall 

prevent, and may interfere for the purpose of preventing, the commission of any forest-offence. 

Maharashtra 

STATE AMENDMENTS 

Insertion  of  new  section  66A  in  Act  16  of  1927.—After  section  66  of  the  principal  Act,  the 

following section shall be inserted, namely:— 

66A. Punishment for abetment.—Whoever abets any forest-offence shall, if the offence abetted is 
committed in consequence of abetment, be punished with the same punishment as is provided for such 
offence,” 

[Vide Maharashtra Act 21 of 2015, s. 16]. 

Uttar Pradesh 

Insertion of new section 66-A— 

66-A.  Penalty for not  preventing  commission  of  forest  offence—Whoever,  being  a 
Forest Officer or Police Officer, bound under section 66 to prevent commission of any forest offence, 
intentionally  or  knowingly,  neglects  or  omits  to  prevent  or  abets,  the  commission  of  such  offence, 
shall be punishable with imprisonment for a term which may extend to two years or with fine or with 
both."] 

[Vide Uttar Pradesh Act 1 of 2001, s. 15] 

Maharashtra 

Amendment  of section 66 of Act XVI of 1927.—In section 66 of the principal Act, for the words 
“Every Forest Officer and Police Officer” the words “Every Forest Officer, Police Officer and Revenue 
Officer” shall be substituted. 

[Vide Maharashtra Act VI of 1961, s. 12] 

67. Power to try offences summarily.—The District Magistrate or any Magistrate of the first class 
specially  empowered  in  this  behalf  by  the 1[State  Government]  may  try  summarily,  under  the  Code  of 
Criminal  Procedure,  1898 (5  of  1898), any  forest-offence punishable  with  imprisonment for  a term  not 
exceeding six months, or fine not exceeding five hundred rupees, or both. 

Maharashtra 

Amendment of section 67 of Act 16 of 1927.—In section 67 of the principal Act, for the words “two 

thousand rupees” the words “five thousand rupees” shall be substituted. 

1. Subs. by the A.O. 1950, for “Provincial Government”. 

59 

                                                      
[Vide Maharashtra Act 21 of 2015, s. 17] 

Jammu and Kashmir and Ladakh (UTs).— 

Section  67.—For the words “not exceeding six months, or fine not exceeding five hundred rupees”, 

substitute the words “not exceeding two years or with fine not exceeding twenty five thousand rupees”. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Maharashtra 
Amendment of section 67 of Act XVI of 1927.—In section 67 of the principal Act,-- 

(a) for the words and figures "the Code of Criminal Procedure, 1898" the words and figures "the 

Code of Criminal Procedure, 1973" shall be substituted; 

(b) for the words "not exceeding six months, or fine not exceeding five hundred rupees or both" 
the  words  "not  exceeding  one  year,  or  fine  not  exceeding  two  thousand  rupees,  or  both,  and  the 
provisions of sections 262 to 265 (both inclusive} of the said Code shall, as far as may be, apply to 
such trial; but, notwithstanding anything contained in the said Code, in the case of conviction for any 
offence in a summary trial under this section, it shall be lawful for the Magistrate to pass sentence of 
imprisonment for any term for which such offence, is punishable under this Act" shall be substituted. 

[Vide Maharashtra Act VII of 1985, s. 20] 

68.  Power  to  compound  offences.—(1)  The 1[State  Government]  may,  by  notification  in  the 

1[Official Gazette], empower a Forest officer— 

(a) to accept from any person against whom a reasonable suspicion exists that he has committed 
any  forest-offence,  other  than  an  offence  specified in  section  62 or section  63,  a  sum  of  money  by 
way of compensation for the offence which such person is suspected to have committed, and 

(b) when any property has been seized as liable to confiscation, to release the same on payment of 

the value thereof as estimated by such officer. 

(2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, 
the suspected person, if in custody, shall be discharged, the property, if any seized shall be released, and 
no further proceedings shall be taken against such person or property. 

(3) A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank 
not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred 
rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no 
case exceed the sum of fifty rupees. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 68 of Act 16 of 1927. —In section 68 of the principal Act,— 

(a) in sub-section (1), — 

(1) in clause (a), — 

(i) after the words “other than an offence specified in” the words, brackets and figures “sub-

section (4) of section 26 or” shall be inserted; 

(ii) for the words “payment of a sum of money or, at his discretion, an undertaking in writing 

to pay a sum of money,” the words “payment of a sum of money” shall be substituted. 

(2)  in  clause  (b),  for  the  words  “  on  payment  of,  or  at  his  discretion,  on  acceptance  of  an 

undertaking in writing to pay,” the words “on payment of” shall be substituted. 

1. Subs. by the A.O. 1937, for “Local Official Gazette”. 

60 

                                                      
(b)  in  sub-section  (2),  for  the  words  “payment  of,  or  on  acceptance  of  an  undertaking  in 

writing to pay,” the words “payment of,” shall be substituted. 

(c) in sub-section (3), for the words “five hundred rupees” the words “five thousand rupees” 

shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 18]. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 68.-For section 68, substitute the following section, namely:– 

68.  Power  to  compound  offences.—(1)  The  Government  may,  by  notification  in  the  Official 

Gazette, empower any forest officer not below the rank of Assistant Conservator of Forests- 

(a) to accept from any person against whom a reasonable suspicion exists, that he has committed 
any  forest  offence  involving  damage  not  exceeding  fifty  thousand  rupees,  other  than  an  offence 
specified in section 62 or section 63, a sum of money by way of compensation for the offence, which 
such person is suspected to have committed: 

Provided that the sum of money accepted by way of compensation shall in no case be less than 

double the amount involved in the loss caused by such offence; and 

(b) when any property has been seized as liable to confiscation, release the same on payment of 
the  value  thereof,  in  addition  to  the  compensation  referred  to  in  clause  (a)  of  this  subsection,  as 
estimated by such officer. 

(2) On the payment of such compensation and such value, to such officer, the suspected person if 
in  custody,  shall  be  discharged,  the  property,  if  any,  seized  shall  be  released,  and  no  further 
proceedings shall be taken against such person or property. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Tripura 

Amendment  of  Section  68(3).—In  sub-section  (3)  of  section  68  of  Principal  Act,  for  the  words 
“hundred rupees” and the words “fifty rupees” the words “one thousand five hundred rupees” and  “five 
thousand rupees” respectively shall be substituted. 

[Vide Tripura Act 5 of 1991, s. 3]   

Uttar Pradesh 

Amendment of section 68— 

(i) the words "and is in receipt of a monthly salary amounting to at least one hundred rupees" 

shall be omitted; 

(ii)  for  the  words  "fifty  rupees"  the  words "five  thousand  rupees  for the first  offence  and  for 
second subsequent offence of the same nature shall not be less than five thousand rupees or more 
than ten thousand rupees" shall be substituted.] 

[Vide Uttar Pradesh Act 1 of 2001, s. 16] 

Amendment of Sections 68 of Act XVI of 1927-  In sub-section (3) of Section 68 of the principal 

Act, for the word "fifty" the words "five hundred" shall be substituted. 

[Vide Uttar Pradesh Act XXI of 1960, s. 8] 

Uttarakhand 

Amendment of section 68.—In section 68 of the principal Act, in sub-section (3)— 

(i)  the  words  "and  is  in  receipt  of  a  monthly  salary  amounting  to  at  least  one  hundred  rupees" 

shall be omitted; 

61 

(ii)  for  the  words  "fifty  rupees"  the  words  "five  thousand  rupees  for  the  first  offence  and  for 
second subsequent offence of the same nature shall not be less than five thousand rupees or more than 
ten thousand rupees" shall be substituted. 

[Vide Uttarachal Act 10 of 2002, s. 15] 

Substitution of section 68 of Act XVI of 1927.—For section 68 of the principal Act, the following shall 
be substituted, namely:- 

“68.  Power  to  compound  offences.--(1)  Subject to the  provisions  of  sub-section  (3),  the  State 

Government may, by notification in the Official Gazette, empower a Forest Officer- 

(a)  to  accept  from  any  person  about  whom  a  reasonable  suspicion  exists  that  he  has 
committed  any  forest  offence,  other  than  an  offence  specified  in  section  62  or  section  63, 
payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum money, 
by way of compensation for the offence which such person is suspected to have committed, and 

(b)  when  any  property  has  been seized  as liable  to  confiscation,  to  release  the same  on  the 
payment  of,  or  at  his  discretion,  on  acceptance  of  an  undertaking  in  writing  to  pay,  the  value 
thereof as named by such officer. 

(2) On the payment of, or on acceptance of an undertaking in writing to pay, such sum of money, 
or such named value, or both, as the case may be, to such officer, the suspected person, if in custody, 
shall be discharged, the property, if any, seized shall be released, and no further proceedings, other 
than those under section 82 where necessary, shall be taken against such person or property. 

(3) A Forest Officer shall not be empowered under this section unless he is a Forest Officer of a 
rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one 
hundred  rupees,  and  the  sum  of  money  accepted  or  agreed  to  be  accepted  as  compensation  under 
clause (a) of sub-section (1) shall in no case exceed the sum of five hundred rupees.”. 

[Vide Maharashtra Act VI of 1961, s. 13] 

69.  Presumption that forest-produce belongs to 1[Government].—When in any proceedings taken 
under this Act, or in consequence of anything done under this Act, a question arises as to whether any 
forest-produce is the property of the 1[Government], such produce shall be presumed to be the property of 
the 1[Government] until the contrary is proved. 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

Section  69.-For  the  words,  “contrary  is  proved”,  substitute  the  words  “contrary  is  proved  by  the 

accused”. 

Section 69-A.-After section 69, insert the following section, namely:- 

69-A. Double penalties for offences.-The penalties which are double of those mentioned under 
the provisions of this Act or rules framed thereunder shall be inflicted in cases where the offence is 
committed  after  sunset  and  before  sunrise,  or  after  preparation  for  resistance  to  lawful  authority  or 
where the offender has been previously convicted of a like offence. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

CHAPTERX 

CATTLE-TRESPASS 

70. Cattle-trespass Act, 1871, to apply.—Cattle trespassing in a reserved forest or in any portion of 
a protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damage to 

1. Subs. by the A.O. 1950, for “Crown”. 

62 

                                                      
a public plantation within the meaning of section 11 of the Cattle-trespass Act, 1871 (1 of 1871), and may 
be seized and impounded as such by any Forest-officer or Police-officer. 

71. Power to alter fines fixed under that Act.—The 1[State Government] may, by notification in the 
2[Official Gazette], direct that, in lieu of the fines fixed under section 12 of the Cattle-trespass Act, 1871 
(1 of 1871), there shall be levied for each head of cattle impounded under section 70 of this Act such fines 
as it thinks fit, but not exceeding the following, that is to say:— 

For each elephant…………………………………………………………….........................................  …..ten rupees. 

For each buffalo or camel………………………………………………………………………………  ….two rupees. 

For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow, or heifer…………………… …. one rupee. 

For each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid…………………………….........................  ....eightannas. 

Maharashtra 

STATE AMENDMENTS 

Amendment of section 71 of Act 16 of 1927.—In section 71 of the principal Act,— 

(a) for the words “ten rupees” the words “Two hundred rupees” shall be substituted; 

(b) for the words “two rupees” the words “Two hundred rupees” shall be substituted; 

(c) for the words “one rupees” the words “Two hundred rupees” shall be substituted; 

(d) for the words “fifty nayepaise” the words “One hundred rupees” shall be substituted. 

[Vide Maharashtra Act 21 of 2015, s. 19]. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 71.-For the words “ten rupees”, “two rupees”, “one rupee” and “eight annas”, substitute the 
words “one thousand rupees”, “two hundred and fifty rupees”, “one hundred rupees” and “fifty rupees” 
respectively. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Maharashtra 

Amendment of section 71 of   Act XVI of 1927.—In section 71 of the principal Act, for the the words 
“eight annas” the words “fifty naye paise” shall be substituted. 

[Vide Maharashtra Act VI of 1961, s. 14] 

CHAPTER XI 

OF FOREST-OFFICERS 

72.  State  Government  may  invest  Forest-officers  with  certain  powers.—(1)  The  1[State 

Government] may invest any Forest-officer with all or any of the following powers, that is to say:—  

(a) power to enter upon any land and to survey, demarcate and make a map of the same; 
(b)  the  powers  of  a  Civil  Court  to  compel  the  attendance  of  witnesses  and  the  production  of 

documents and material objects; 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by the A.O. 1937, for “Local Official Gazette”. 

63 

 
 
 
                                                      
 
(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898); and 
(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive 

and record evidence. 
(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent 

trial before a Magistrate, provided that it has been taken in the presence of the accused person. 

Jammu and Kashmir and Ladakh (UTs).— 

STATE AMENDMENT 

Section 72.-For section 72, substitute the following section, namely; 
72.  Government  of  Union  territory  of  Jammu  and  Kashmir  may  invest  Forest  officers  with 

certain powers.- (1) The forest officers shall have the following powers, namely:- 

(a) power to enter upon any land and to survey, demarcate and make a map of the same. 
(b)  the  powers  of  a  Civil  Court  to  compel  the  attendance  of  witnesses  and  the  production  of 

documents and material objects; 

(c) power to hold an inquiry into forest offences and in the course of such inquiry, to receive and 

record evidence; and 

(d) power to issue search warrants under the Code of Criminal Procedure, 1973 (2 of 1974):  
Provided that powers under clause (b) and (c) shall not be exercised by a forest officer below the 

rank of a Range Officer: 

Provided further that the powers under clause (d) shall not be exercised by a forest officer below 

the rank of a Divisional Forest Officer.  
(2) Any evidence recorded under clause (c) of sub-section (1) shall be admissible in any subsequent 

trial before a Magistrate, if that it has been taken in the presence of the accused person. 

(3) Any forest officer not below the rank of a Range Officer may delegate his powers of inquiry to an 

officer of the rank of Forester if the offence is compoundable under section 68 of this Act. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020). ] 

STATE AMENDMENT 

Maharashtra 
 Amendment of section 72.—In section 72 of the principal Act, in sub-section (1), in clause (c), for the 
words  and  figures  “Code  of  Criminal  Producer,  1898”  the  words  and  figures  “the  Code  of  Criminal 
Procedure, 1973” shall be substituted. 
[Vide Maharashtra Act VII of 1985, s.21] 

73.  Forest-officers  deemed  public  servants.—All  Forest-officers  shall  be  deemed  to  be  public 

servants within the meaning of the Indian Penal Code (45 of 1860). 

74. Indemnity for acts done in good faith.—No suit shall lie against any public servant for anything 

done by him in good faith under this Act. 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

Section 74.-For section 74, substitute the following section, namely:- 
74. Indemnity for acts done in good faith.—(1) No suit, prosecution or other legal proceedings shall 
lie against any public servant for anything done in good faith or omitted to be done likewise, under this 
Act or the rules or orders made thereunder. 

(2) No Court shall take cognizance of any offence alleged to have been committed by a forest officer 
while acting or purporting to act in the discharge of his official duty except with the previous sanction of 
the Government of Union territory of Jammu and Kashmir. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 

64 

 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 
Uttar Pradesh 

Substitution  of  section  74—For  section  74  of  the  principal  Act,  the  following  section  shall  be 

substituted, namely:-- 

“74.  Indemnity  for  acts  done  in  good  faith.—No  suit,  prosecution  or  other  legal  proceeding 
shall lie against the State Government or any public servant for anything which is in good faith done 
or intended to be done in pursuance of  this Act or rules or orders made thereunder.” 

[Vide Uttar Pradesh Act 1 of 2001, s. 17] 

Uttarakhand 

Substitution  of  section  74.—For  section  74  of  the  principal  act  the  following  section  shall  be 

substituted, namely:-- 

"74.  Indemnity  for  acts  done  in  good  faith.--No  suit,  prosecution  or  other  legal  proceeding 
shall lie against the State Government or any public servant for anything done by him under this Act 
or rules or orders made thereunder.". 

[Vide Uttarakhand Act 10 of 2002, s. 16] 

75. Forest-officers not to trade.—Except with the permission in writing of the 1[State Government], 
no  Forest-officer  shall,  as  principal  or  agent,  trade  in  timber  or  other  forest-produce,  or  be  or  become 
interested in any lease or any forest or in any contract for working any forest, whether in or outside 2[the 
territories to which this Act extends]. 

CHAPTER XII  
SUBSIDIARY RULES 

76. Additional powers to make rules.—The 1[State Government] may make rules—  

(a) to prescribe and limit the powers and duties of any Forest-officer under this Act; 

(b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and 

confiscation under this Act; 

(c) for the preservation, reproduction and disposal of trees and timber belonging to Government, 

but grown on lands belonging to or in the occupation of private persons; and 

(d) generally, to carry out the provisions of this Act. 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

Section 76A.-After section 76, insert the following section, namely:- 

76A. Power to regulate manufacture and preparation of articles based on forest produce.-

(1) The Government of Union territory of Jammu and Kashmir may make rules,– 

(a)  to  provide  for  the  establishment,  and  regulation  by  licence,  permit  or  otherwise  (and  the 
payment of fees thereof), of saw mills, timber depots, firewood depots and other units including the 
factories or industries engaged in the consumption of forest produce or manufacture or preparation of 
the following articles:- 

(i) katha (catechu) or kutch out of khairwood; 

(ii) rosin, turpentine, other products out of resin, and wood oil; 

(iii) plywood, veneer and wood-based products; 

(iv) match boxes and match splints; 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by the A.O. (No. 3) 1956, for “Part A States and Part C States”. 

65 

                                                      
(v) boxes including packing cases made out of wood; 

(vi) joinery and furniture items made out of wood; 

(vii) charcoal, lime stone and gypsum; 

(viii)  such  other  articles  based  on  forest  produce  as  the  Government  of  Union  territory  of 

Jammu and Kashmir may, by notification in the Official Gazette, from time to time, specify; 

(b) to provide for the regulation by licence, permit or otherwise, of procurement of raw material 
for the preparation of articles mentioned in clause (a), the payment and deposit of fees therefor and 
for due compliance of the condition thereof, the forfeiture of the fees so deposited or any part thereof 
for contravention of any such condition and adjudication of such forfeiture by such authority as the 
Government of Union territory of Jammu and Kashmir may, by notification, specify. 

(2) The Government of Union territory of Jammu and Kashmir may provide that, as the contravention 
of any rules made under this section shall be punishable with imprisonment for a term which may extend 
to two years or with fine which may extend to twenty five thousand rupees, or both. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 

77.  Penalties  for  breach  of  rules.—Any  person  contravening  any  rule  under  this  Act,  for  the 
contravention of which no special penalty is provided, shall be punishable with imprisonment for a term 
which may extend to one month, or fine which may extend to five hundred rupees, or both. 

Jammu and Kashmir and Ladakh (UTs).— 

STATE AMENDMENT 

Section 77.-For the words “extend to one month, or fine which may extend to five hundred rupees”, 
substitute the words “extend to two years or with fine which may extend to twenty five thousand rupees”. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 
Uttar Pradesh 

Amendment  of  section  77.—In section 77 of the principal Act, for the words “one month, or fine 
which may extend to five hundred rupees”, the words “one year, or with fine which may extend to two 
thousand rupees”, shall be substituted. 

[Vide Uttar Pradesh Act 1 of 2001, s. 18] 

Uttarakhand 

Amendment of section 77.—In section 77 of the principal Act for the words “one month, or fine which 
may extend to five hundred rupees” the words “one year, or with fine which may extend to two thousand 
rupees” shall be substituted. 

[Vide Uttarakhand Act 10 of 2002, s. 17] 

78.  Rules  when  to  have  force  of  law.—All rules made by the 1[State Government] under this Act 
shall be published in the 2[Official Gazette], and shall thereupon, so far as they are consistent with this 
Act, have effect as if enacted therein. 

Uttar Pradesh 

Substitution of new section for section 78.—For section 78 of the principal Act, the following shall 

STATE AMENDMENT 

be substituted, namely— 

1. Subs. by the A.O. 1950, for “Provincial Government”. 
2. Subs. by the A.O. 1937, for “Local Official Gazette”. 

66 

                                                      
“78.  Further  provisions  regarding  rules.—(1)  All  rules  under  this  Act  shall  be  made  by 

notification in the Gazette. 

(2)  All  rules  made  under   this  Act shall, as soon as may  be  after   they  are  made, laid before 
each House of the State Legislature, while it is in session, for total period of fourteen days which may 
be comprised in its one session or in two or more successive sessions and shall, unless some latter 
date  is  appointed  take  effect  from  the  date  of  their  publication  in  the  Gazette  subject  to  such 
modifications  or  annulments  as  the  two  Houses  of  the  Legislature  may  agree  to  make,  so  however 
that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything 
previously done thereunder.” 

[Vide Uttar Pradesh Act XXIII of 1965, s. 15] 

Maharashtra 

Amendment of section 78 of Act XVI of 1927.—Section 78 shall be renumbered as sub-section (1) of 
that section and after the sub-section so renumbered, the following sub-section shall be inserted, namely :- 

“(2) All rules made by the State Government under this Act shall be laid for not less than thirty 
days before each House of the State Legislature as soon as possible after they are made and shall be 
subject to such modification as the State Legislature may make during the session in which they are 
so laid, or the session immediately following and publish in the Official Gazette.”. 

[Vide Maharashtra Act VI of 1961, s. 15] 

CHAPTER XIII 

MISCELLANEOUS 

79. Persons bound to assist Forest-officers and Police-officers.—(1) Every person who exercises 
any right in a reserved or protected forest, or who is permitted to take any forest-produce from, or to cut 
and  remove  timber  or  to  pasture  cattle  in, such forest,  and  every  person  who  is employed  by  any  such 
person in such forest, and 

every person in any village contiguous to such forest who is employed by the 1[Government], or who 
receives  emoluments  from  the  3[Government]  for  services  to  be  performed  to  the  community,  shall  be 
bound to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information 
he  may  possess  respecting  the  commission  of,  or  intention  to  commit,  any  forest-offence,  and  shall 
forthwith take steps, whether so required by any Forest-officer or Police officer or not,— 

(a) to extinguish any forest fire in such forest of which he has knowledge or information; 

(b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which he 
has  knowledge  or  information  from  spreading  to  such  forest,  and  shall  assist  any  Forest-officer  or 
Police-officer demanding his aid— 

(c) in preventing the commission in such forest of any forest-offence; and 

(d)  when there is  reason  to  believe that  any  such offence has  been  committed in  such  forest in 

discovering and arresting the offender. 

(2) Any person who, being bound so to do, without lawful excuse (the burden of proving which shall 

lie upon such person) fails— 

(a)  to  furnish  without  unnecessary  delay  to  the  nearest  Forest-officer  or  Police-officer  any 

information required by sub-section (1); 

(b)  to  take  steps  as  required  by  sub-section  (1),  to  extinguish  any  forest  fire  in  a  reserved  or 

protected forest; 

(c) to prevent, as required by sub-section (1), any fire in the vicinity of such forest from spreading 

to such forest; or 

1. Subs. by the A.O. 1950, for “Crown”. 

67 

                                                      
(d) to assist any Forest-officer or Police-officer demanding his aid in preventing the commission 
in such forest of any forest-offence, or, when there is reason to believe that any such offence has been 
committed in such forest, in discovering and arresting the offender; 

shall  be  punishable  with imprisonment  for a  term  which  may  extend  to  one  month,  or  with  fine  which 
may extend to two hundred rupees, or with both. 

Jammu and Kashmir and Ladakh (UTs).— 

STATE AMENDMENT 

Section 79.-In sub-section (2), in the long line, for the words “shall be punishable with imprisonment 
for  a  term  which  may  extend  to  one  month,  or  with  fine  which  may  extend  to  two  hundred  rupees” 
substitute the words, “shall be punishable with imprisonment for a term which may extend to one year, or 
with fine which may extend to two thousand rupees”. 

Section 79A to 79C.-After section 79, insert the following sections, namely:- 

“79-A.  Penalty  for  unauthorisedly  taking  possession  of  land  constituted  as  reserved  or 
protected forest.-(1) Any person who unauthorisedly takes or remains in possession of any land in 
areas constituted as reserved forest or protected forest under section 20 or section 29 as the case may 
be,  may,  without  prejudice  to  any  other  action  that  may  be  taken  against  him  under  any  other 
provision  of  this  Act,  be  summarily  ejected  by  order  of  a  forest  officer  not  below  the  rank  of  a 
Divisional Forest Officer and any crop which may be standing on such land or any building or other 
work which he may have constructed thereon, if not removed by him within such time as such forest 
officer may fix, shall be liable to forfeiture: 

Provided  that  no  order  of  ejectment  under  this  sub-section  shall  be  passed  unless  the  person 
proposed to be ejected is given a reasonable opportunity of showing cause why such an order should 
not be passed. 

(2) Any property so forfeited shall be disposed of in such manner as the forest officer may direct 
and the cost of removal of any crop, building or other work and, of all works necessary to restore the 
land to its original condition shall be recoverable from such person in the manner provided in section 
82. 

(3) Any person aggrieved by an order of the forest officer under sub-section (1) may, within sixty 
days  from  the  date  of  such  order  prefer  an  appeal  by  petition  in  writing  to  the  concerned  Chief 
Conservator  of  Forests  in  person  or  through  a  duly  authorized  agent  and  such  petition  shall  be 
accompanied by a certified copy of the order appealed against. 

(4)  On  receipt  of  the  appeal  and  after  summoning  the  parties  and  perusing  the  record  of  the 
proceedings,  the  Chief  Conservator  of  Forests  shall fix  a  date  and  convenient  place  for hearing  the 
appeal and shall give notice thereof to the parties, and shall hear the appeal accordingly. 

(5) The order passed on the appeal by the Chief Conservator of Forests shall be final. 

79B. Summary action by Deputy Commissioner in fire cases.- If in any case under clauses (a) 
and (b) of sub-section (1) of section 79, it appears to the Deputy Commissioner of the district within 
which  the  forest  concerned  is  situated  after  local  enquiry  made  in  a  summary  and  administrative 
manner,  either  by  himself,  or  through  a  Tehsildar  deputed  by  him  for  the  purpose,  that  any  such 
person  or  village  or  other  community  has  neglected  to  give  such  information  or  to  render  such 
assistance as is required thereby, he may impose a fine not exceeding one thousand rupees on, as well 
as direct payment of compensation for damage to Government‘s property by, such person, village or 
other  community  or  such  individual  member  of  such  village  or  other  community  as  may  be 
determined in consultation with the Divisional Forest Officer and all fines imposed under this section 
shall be recoverable as arrears of land revenue.  

68 

79C.  Appeal  against  order  of  Deputy  Commissioner.-  An  appeal  against  every  order passed 
under section 79B may be made to the concerned Divisional Commissioner whose decision thereon 
shall be final. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Order No. S.O.3774(E), dated (23-10-2020).] 

Uttar Pradesh 

Amendment  of  section  79—In  section  79  of  the  principal  Act,  for  the  words  “one  month,  or  fine 
which may extend to five hundred rupees”, the words “one year, or with fine which may extend to two 
thousand rupees”, shall be substituted. 

[Vide Uttar Pradesh Act 1 of 2001, s. 19] 

Uttarkhand 

Amendment  of  section  79.— In  section 79 of the  principal Act, in sub-section (2) for the words 
"one  month,  or  with fine which  may  extend  to two hundred  rupees",  the  words  "one  year,  or  with fine 
which may extend to one thousand rupees", shall be substituted. 

[Vide Uttaranchal Act 24 of 2014, s. 18] 

80.  Management  of  forests  the  joint  property  of 1[Government]  and  other  persons.—(1) If the 
1[Government] and any person be jointly interested in any forest or waste-land, or in the whole or any part 
of the produce thereof, the 2[State Government] may either— 

(a) undertake the management of such forest, waste-land or produce, accounting to such person 

for his interest in the same; or 

(b) issue such regulations for the management of the forest, waste-land or produce by the person 
so jointly interested as it deems necessary for the management thereof and the interests of all parties 
therein. 
(2) When the 2[State Government] undertakes under clause (a) of sub-section (1) the management of 
any forest, waste-land or produce, it may, by notification in the 3[Official Gazette] , declare that any of the 
provisions  contained  in  Chapters  II  and  IV  shall  apply  to  such  forest,  waste-land  or  produce,  and 
thereupon such provisions shall apply accordingly. 

STATE AMENDMENT 

Uttar Pradesh 

Insertion of new section 80-A in Act XIV of 1927—After section 80 of Indian Forest Act 1927, the 

following shall be added as a new section 80-A: 

“80-A. The State Government may, by notification in the Official Gazette, declare that any of the 
provisions of or under this Act, shall apply to all or any or any land on the banks of canals or the sides 
of  roads  which  are  the  property,  of  the  State  Government  or  a  local  authority  and  thereupon  such 
provisions shall apply accordingly.” 
[Vide Uttar Pradesh Act XVIII of 1951, s. 2] 
Maharashtra 
Insertion  of  new  section  80-A  in  Act  XVI  of  1927.—After  section  80  of  the  said  act,  the  following 
section shall be inserted namely:- 

“80-A. Power of Government to apply provisions of this Act to pertain lands of Government 
or local authority.—The State Government, may be notification in the Official Gazette, declare that 
any of the provisions of this act shall apply to all or any lands on the banks of canals or the sides of 
roads  which  are  the  property  of  the  State  Government  or  a  local  authority  and  thereupon  such 
provisions shall apply to such lands accordingly.” 

1. Subs. by the A.O. 1950, for “Crown”.  
2. Subs. by the A.O. 1950, for “Provincial Government”. 
3. Subs. by the A.O. 1937, for “Local Official Gazette”. 

69 

                                                      
[Vide Bombay Act XXIV of 1955, s. 6] 

81.  Failure  to  perform  service  for  which  a  share  in  produce  of  1[Government]  forest  is 
employed.—If  any  person  be  entitled  to  a  share  in  the  produce  of  any  forest  which  is  the  property  of 
1[Government]  or  over  which  the  1[Government]  has  proprietary  rights  or  to  any  part  of  the  forest-
produce  of  which  the  Government  is  entitled  upon  the  condition  of  duly  performing  any  service 
connected  with  such  forest,  such  share  shall  be  liable  to  confiscation  in  the  event  of  the  fact  being 
established to the satisfaction of the 2[State Government] that such service is no longer so performed: 

Provided that no such share be confiscated until the person entitled thereto, and the evidence, if any, 
which he may produce in proof of the due performance of such service, have been heard by an officer 
duly appointed in that behalf by the 2[State Government] .  

82.  Recovery  of  money  due  to  Government.—All  money  payable  to  the  Government  under  this 
Act,  or  under  any  rule  made  under  this  Act,  or  on  account  of  the  price  of  any  forest-produce,  or  of 
expenses incurred in the execution of this Act in respect of such produce, may, if not paid when due, be 
recovered under the law for the time being in force as if it were an arrear of land-revenue. 

Maharashtra 

STATE AMENDMENTS 

Amendment  of  section  82  of  Act  16  of  1927.—In  section  82  of  the  principal  Act,  the  words  and 
figures “or on account of compensation or value of property agreed to be paid under section 68” shall be 
deleted. 

[Vide Maharashtra Act 21 of 2015, s. 20]. 

Orissa 

Amendment  of  section  82,  (16  of  1927).—For  section  82  of  the  Indian  Forest  Act,  1927  (16  of 

1927), the following section shall be substituted, namely:— 

“82. All money, other than fines, payable to the State Government under this Act, or any rules made 
thereunder, or on account of timber or other forest produce, or of expenses incurred in the execution of 
this Act in respect of timber or other forest produce, or  under any contract relating to timber and other 
forest produce including any sum recoverable thereunder for the breach thereof, or in consequence of its 
cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction 
or  by  invitation  of  tenders,  issued  by  or  under  the  authority  of  a  Forest  Officer  and  all  compensation 
awarded to the State Government under this Act, may, if not paid when due, be recovered, under the law 
for the time being in force, as if it were an arrear of land-revenue.” 

[Vide the Orissa Act 25 of 1952, s. 2] 

Jammu and Kashmir and Ladakh (UTs).— 

Section 82.-For section 82, substitute the following section, namely:– 

“82.  Recovery  of  money  due  to  Government.–  All  money  payable  to  the  Government  under 
this Act or under any rule made under this Act, or on account of the price of timber, or other forest 
produce,  or  of  expenses  incurred  in  execution  of  this  Act  in  respect  of  timber  and  other  forest 
produce,  or  under  any  contract  relating  to  timber  and  other  forest  produce  including  any  sum 
recoverable there under for breach thereof, or in consequence of its cancellation, or under the terms of 
a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders, 
issued  by  or  under  authority  of  a  forest  officer  and  all  compensation  awarded  to  the  Government 
under this Act shall, if not paid when due, be recovered, under the law for the time being in force, as 
if it were an arrear of land revenue. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

Section 82-A to 82-H.-After section 82, insert the following sections, namely:- 

82-A. Recovery of penalties due under a bond.-When in respect of any forest lease any person 
binds  himself  by  any  bond  or  instrument  to  perform  any  duty  or  act,  or  covenants  by  any  bond  or 
instrument  that  he,  or  that  he  and  his  servant  and  agents  will  abstain  from  any  act,  the  whole  sum 

70 

 
mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions 
thereof shall notwithstanding anything in section 74 of the Indian Contract Act, 1872, be recovered 
from him in case of such breach as if it were an arrear of land revenue. 

82-B.  Restoration  of  advantage  or  benefit  or  payment  of  compensation.–Notwithstanding 
anything contained in this Act or in the Indian Contract Act, 1872, or in any other law for the time 
being in force,– 

(a)  where  any  transaction or  lease  relating  to  sale  of  forest  produce  or  extraction  of timber 
from any forest is or is discovered to be void only on the ground that the transaction or lease is 
not in conformity with the provisions of article 299 of the Constitution of India or any order or 
direction  issued  thereunder,  any  person  who  has  received  any  advantage  or  has  enjoyed  any 
benefit by virtue of such transaction or lease shall be bound to restore it or to make compensation 
for it, to the person or party from whom he received it; 

(b)  the  extent  of  any  advantage  or  benefit  or  the  amount  of  compensation  payable  in  lieu 
thereof, referred to in clause (a), shall be determined in accordance with the provisions of this Act 
and the value of the advantage or benefit or the amount of compensation so determined shall be 
recoverable as arrears of land revenue. 

82-C.  Constitution  of  Authority.–For  the  purposes  of  determining  the  extent  of  advantage  or 
benefit or the value thereof or the amount of compensation under section 82-B, the Government of 
Union territory of Jammu and Kashmir shall, by notification in the Official Gazette, constitute, as and 
when  necessary,  an  Authority  consisting  of  one  or  more  members  having  such  qualification  and 
experience and on such terms and conditions as may be prescribed and where the Authority consists 
of more than one member, one of them may be appointed as Chairperson thereof. 

82-D.  Powers  of  the  Authority.-(1)  The  Authority  shall,  for  purposes  of  holding  inquiry  for 
determining the extent of advantage or benefit or value thereof or the amount of compensation, as the 
case  may  be,  under  section  82-B,  have  all  the  powers  of a  civil  court  while trying  a  suit  under  the 
Code of Civil Procedure, 1908 in respect of the following matters, namely:– 

(a) summoning and enforcing the attendance of any person or witness and examining him on 

oath or solemn affirmation; 

(b) requiring  the  discovery  or  production  of any  document  relating  to  the  subject  matter  of 

inquiry; 

(c) receiving evidence on affidavits;  

(d) requisitioning any public record or copy thereof relating to the subject matter of inquiry 

from any court or office; and 

(e) issuing commissions for examination of witnesses, documents or other books of accounts 

relating to the subject matter of inquiry. 

(2) The Authority shall also have power to issue a commission to such person as it considers fit 
for  local  investigation  which  may  be  requisite  or  proper  for  the  purpose  of  elucidating  any  matter 
which is the subject matter of inquiry or of ascertaining the market value of any property. 

(3) The person directed to execute a commission for any purpose under this section shall have all 
the powers of a commissioner appointed by a Civil Court in pursuance of the provisions of the Code 
of Civil Procedure, 1908 (5 of 1908). 

(4)  The  Authority  shall  have  the  power  to  pass  such  orders  as  it  thinks  fit  for  the  seizure, 
attachment,  management,  preservation,  interim  custody  or  sale  of  any  forest  produce  or  timber 
(wherever it may be in the State) which may be the subject matter of proceedings before it including 
the appointment of a receiver for any of the aforesaid purposes. 

82-E. Restriction on alienation.–(1) Notwithstanding anything contained in any law for the time 

being in force,– 

(a) where at any stage of the inquiry, the Authority is satisfied by affidavit or otherwise that a 
person liable to restore any advantage or benefit or to pay compensation in lieu thereof under any 

71 

transaction  or  lease  referred  to  in  section  82-B,  is  likely  to  alienate  his  movable  or  immovable 
property with intent to evade payment or to defeat the recovery, of the advantage or benefit or the 
value thereof or the amount of compensation, that may be determined by him, it may by order in 
writing  direct  that  such  person  shall  not  alienate  his  movable  and  immovable  property  or  such 
portion thereof, as it may specify in the order, during the pendency of the inquiry;  

(b) any alienation of property made in contravention of any order or direction issued under 
clause (a) shall be void, and no transferee of such property shall be deemed to have acquired any 
right, title or interest therein. 

Explanation.–For the purposes of this section “alienation” includes mortgage, sale, gift, bequest, 
benami transaction, family settlement or any other mode of transfer of any right, title or interest in the 
property. 

(2) For removal of doubts it is hereby declared that restrictions imposed under this section on the 
rights  conferred  by  clause  (1)  of  article  19  of  the  Constitution  of  India  shall  be  deemed  to  be 
reasonable restrictions. 

82-F. Procedure to be followed by the Authority.-(1) The Authority shall, subject to any rules 
made  by  the  Government  of  Union  territory  of  Jammu  and  Kashmir  in  this  behalf,  have  power  to 
regulate  its  own  procedure  in  all  matters  arising  out  of  or  connected  with  the  discharge  of  its 
functions, in consonance with the principles of natural justice. 

(2) The parties shall have a right of being represented by counsel. 

82-G. Appeal.–(1) Any person aggrieved by a final order of the Authority, determining the extent 
of  advantage  or  benefit  or  value  thereof  or  the  amount  of  compensation  under  section  82-B,  may, 
within thirty days of the date of the order, file an appeal against such order before the High Court and 
every such appeal shall be heard by a Division Bench of the High Court.  

(2) No other order of the Authority shall be appealable. 

(3) The order of the Authority shall, subject to the decision of the High Court under sub-section 
(1) in appeal, be final and shall be deemed to be a certificate within the meaning of section 90 of the 
Jammu and Kashmir Land Revenue Act, 1996. 

(4) No further appeal shall lie against the decision of the High Court. 

82-H.  Exclusion  of  jurisdiction  of  Civil  Court.—No  Civil  Court  shall  have  jurisdiction  to 
entertain  any  suit  or  other  proceeding  in  respect  of  any  matter  which  the  Authority  has  taken 
cognizance of under section 82-B. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 
Uttar Pradesh 

Substituted  of  section  82—For  section  82  of  the  principal  Act,  the  following  section  shall  be, 

substituted, namely:-- 

“82.  Recovery  of money due  to  State  Government.—All  money,  other than  fines,  payable to 
the State Government under this Act or under any rule made thereunder or on account of the price of 
any  forest  produce  or  any  agricultural  crop  grown  on  land  owned  by  the  State  Government  in  a 
reserved or protected forest or under any contract relating to forest produce or said agricultural crop, 
including any sum recoverable thereunder for breach thereof, or in consequence of its cancellation, or 
under  the  terms  of  a  notice  relating to the sale  of  such  agricultural  crop  or  other forest  produce  by 
auction  or  by  invitation  of  tenders  issued  by  or  under  the  authority  of  a  Forest  Officer  and  all 
compensation  awarded  to  the  State  Government  under  this  Act,  may,  if  not  paid  when  due,  be 
recovered, under the law for the time being in force, as if it were an arrear of land revenue." 

[Vide Uttar Pradesh Act 1 of 2001, s. 20] 

72 

 
 
Uttarakhand 

Substitution  of  section  82.—For  section  82  of  the  principal  act  the  following  sections  shall  be 

substituted, namely:-- 

“82.  Recovery  of  money  due  to  State  Government.—All money, other than fines, payable to the 
State Government under this Act or under this Act or under any rule made thereunder or on account 
of  the  price  of  any  forest  produce  or  any  agricultural  crop  grown  on  land  owned  by  the  state 
Government in a reserved or protected forest or under any contract relating to forest produce or said 
agricultural crop, including any sum recoverable thereunder for breach thereof, or in consequence of 
its cancellation, or under the terms of a notice relating to the sale of such agricultural crop or other 
forest  produce  by  auction  or  by  invitation  of  tenders  issued  by  or  under  the  authority  of  a  Forest 
Officer and all compensation awarded to the state Government under this Act, may, if not paid when 
due, be recovered, under the law for the time being in force, as if it were an arrear of land-revenue.”. 

[Vide Uttarkhand Act 10 of 2002, s. 19] 

Maharashtra 

Amendment of section 82 of Act XVI of 1927.—In section 82 of the principal Act, after the words 
“such produce”, the words and figures “or on account of compensation or value of property agreed to be 
paid under section 68” shall be inserted. 

[Vide Maharashtra Act VI of 1961, s. 16] 

83. Lien on forest-produce for such money.—(1) When any such money is payable for or in respect 
of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce, and such 
produce may be taken possession of by a Forest-officer until such amount has been paid. 

(2) If such amount is not paid when due, the Forest-officer may sell such produce by public auction, 

and the proceeds of the sale shall be applied first in discharging such amount. 

(3)  The  surplus,  if  any,  if  not  claimed  within  two  months  from  the  date  of  the  sale  by  the  person 

entitled thereto, shall be forfeited to [Government]. 

Jammu and Kashmir and Ladakh (UTs).— 

Section 83A. – After section 83, insert the following section, namely:– 

STATE AMENDMENT 

83A. Restriction on alienation.–(1) Notwithstanding anything contained in the Transfer of Property 
Act 1882, or in any other law for the time being in force, no property offered by a forest lessee or by any 
other  person  on  behalf  of  a  forest  lessee,  as  security  for  payment  of  royalty,  interest,  compensation, 
penalty or any other amount chargeable from the forest lessee, under any lease deed, bond or instrument 
shall be alienated without the previous permission of the Government of Union Territory of Jammu and 
Kashmir,  till  such  time  as  the  Chief  Conservator  of  Forests  certifies  that  such  forest  lessee  has  duly 
performed all the obligations devolving upon him under such lease deed, bond or instrument. 

(2)  Any  alienation  of  property  made  in  contravention  of  sub-section  (1)  shall  be  void,  and  no 

transferee of such property shall be deemed to have acquired any right, title or interest therein.  

(3)  Any  amount  of  royalty,  interest,  compensation  or  penalty  or  any  other  sum  falling  due  from  a 
forest lessee under any lease deed, bond or instrument shall be recoverable as arrears of land revenue in 
accordance with the law for the time being in force, from the property offered by him or on his behalf as 
security and from any other movable or immovable property owned by the forest lessee. 

Explanation.– For the purposes of this section,  

(a)  “alienation”  includes  sale,  gift,  exchange,  bequest,  mortgage,  benami  transaction,  family 
settlement  or  any  other  mode  of  transfer  of  any  right,  title  or  interest  therein  or  creation  of  any 
encumbrance threreon; 

(b) the expression “forest lessee” shall be construed to mean a person in whose favour a right to 
convert and remove  forest produce  from  any  forest  has  been  granted  under  any  lease  deed,  bond  or 
instrument. 

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(4)  For  removal  of  doubts  it  is  hereby  declared  that  restriction  imposed  under  this  section  on  the 
rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be reasonable 
restrictions. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

84.  Land  required  under  this  Act  to  be  deemed  to  be  needed  for  a  public  purpose  under  the 
Land Acquisition Act, 1894.—Whenever it appears to the State Government that any land is required for 
any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the 
meaning of section 4 of the Land Acquisition Act, 1894 (1 of 1894). 

Jammu and Kashmir and Ladakh (UTs).— 

Section 84A.-After section 84, insert the following section, namely: — 

STATE AMENDMENT 

84A. Application of the Act to land.—The Government may, by notification in the Official Gazette, 
declare  that  any  of  the  provisions  of  this  Act  shall  apply  to  any  land  which  is  the  property  of  the 
Government  of  the  Union  territory  of  Jammu  and  Kashmir  or  the  Central  Government,  and  thereupon 
such provisions shall apply to such land accordingly. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

85. Recovery of penalties due under bond.—When any person, in accordance with any provision of 
this  Act,  or  in  compliance  with  any  rule  made  thereunder,  binds  himself  by  any  bond  or  instrument  to 
perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and 
agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to 
be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the 
Indian  Contract  Act,  1872  (9  of  1872),  be  recovered  from  him  in  case  of  such  breach  as  if  it  were  an 
arrear of land-revenue. 

STATE AMENDMENT 

Maharashtra 
Amendment  of  section  85  of  Act  XVI  of  1927.—Section  85  of  the  Indian  Forest  Act,  1927,  shall  be 
renumbered, as sub-section (1) of that section, and after sub-section (1) so renumbered the following sub-
section shall be added, namely:-- 

“(2) If any question arises— 

(a) whether there has been a breach of any of the conditions of such bond or instrument, 
(b) as to the sum to be paid for such breach, 
(c) as to the person or persons liable to pay such sum, 

the question shall be referred to and, after giving notice to the person concerned and after considering 
his  objections  (if  any),  be  decided  by  an  officer,  not  below  the  rank  of  a  Divisional  Forest  Officer, 
authorized by the Government in this behalf. The person aggrieved by the decision of such officer may, 
within a period of sixty days from the date of such decision, appeal to the State Government or such other 
appellate  authority  as  the  State  Government  may  appoint  in  this  behalf.  The  decision  of  such  officer, 
subject to an appeal to the appellate authority, and the decision of the appellate authority on such appeal, 
shall be final.” 
[Vide Bombay Act X of 1956, s. 2] 
Amendment  of  section  85  of  Act  XVI  of  1927.—In sub-section (2) of section 85 of the Indian Forest 
act,  1927  (XVI  of  1927),  for  the  words  “Divisional  Forest  Officer”  the  words  “Sub-Divisional  Forest 
Officer” shall be substituted. 
[Vide Bombay Act XXVI of 1957, s. 2] 

74 

1 [85A.  Saving  for  rights  of  Central  Government.—Nothing  in  this  Act  shall  authorise  a 
Government of any State to make any order or do anything in relation to any property not vested in that 
State or otherwise prejudice any rights of the Central Government or the Government of any other State 
without the consent of the Government concerned.] 

86. [Repeals].—Rep. by the Repealing and Amending Act, 1948 (2 of 1948), s. 2 and the Schedule. 

1. Subs. by the A.O. 1950, for section 85A.Earlier it was inserted by the A.O. 1937. 

75 

 
 
                                                      
 
 
THE SCHEDULE.—[Enactments repealed.] Rep. by s. 2 and the Schedule, ibid. 

76 

